Anil Agrawal (Retired) 06 November 2009
Please elucidate whether the following judgement still holds good.
Madras High Court in the case of Harish C Chadda & Anr v XS Financial Services Ltd [(2003) 38 CC D-43 (Mad-HC)].
In conclusion, it needs to be noted that to prosecute directors of a company for dishonour of a cheque, it is necessary to issue a notice to each of such directors against whom prosecution is to be launched....
Anish goyal (Advocate) 06 November 2009
Suchitra. S (Advocate) 06 November 2009
Yes. Notice to every Director needed.
Anil Agrawal (Retired) 06 November 2009
When there was a conflicting decision of the two single judges of Madras High Court, the matter went to the Division Bench.
In Crl.O.P.No.5108 of 2002 B. Raman vs Shasun Chemicals & Drugs Ltd., Madras High Court on 29/8/2006 upheld that notice to all the directors is mandatory (not only to drawer and company).
Is it still good law or overturned by S.C.?
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