I am posing this question and request an answer.
A pvt ltd co gives to loans to another pvt ltd co. on various dates in 1996 when it had 4 directors. On dishonour of cheques, the company sent notices u/s 138 to the company and all the 4 directors on 25/9/97. Two directors had resigned in Aug 97 i.e. before the date of occurrence of the offence and letters of resignation were sent to the company as well as to the ROC which were received and acknowledged. The two directors informed the company that they were not directors of the loanee company, were not drawers of the cheques and not liable to pay anything.
Company filed complaints against (1) company and (2) drawer of the cheque making them accused No.1 and 2. Names of other 2 directors were not included in the complaint and it read:
I say that the accused No.1 is a company duly registered as such of which he accused No.2 is the director who is in charge and responsible for the conduct of the business of accused No.1, and as such the accused No.2, shall be deemed to be guilty of the offence committed by the Accused No.1 and shall be liable to be proceeded against and punished for offences committed by Accused No.1.
Accused No.2 i.e. the drawer of the cheque died in 1998.
How long this process of including the surviving directors continue? Till all the directors are dead?
I request that he be asked to REPRESENT THE COMPANY; the magistrate says wait, I shall make him an ACCUSED.
Remember one thing. The case was filed in 1997 and we are in 2009. The trial had already started when Accused No.2 died.