Arraying company in 138 case

prasanna kumar (Querist) 17 February 2016 This query is : Resolved
in a complaint u/s138 of NI act the name of the company and the name of the signatory of the cheque is mentioned in the cause tile in the following manner:-

Name of the signatory
designation
representing
Company name
address of Company.
Separate cause title for each one of them is not mentioned. whether it can be construed as the company is made party in the complaint. Pls opine and give citations if any.

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Devajyoti Barman (Expert) 17 February 2016
Cause title is defective.
You have to make company as separate party.
Apply for amendment of cause title which os permissible.

prasanna kumar (Querist) 17 February 2016
Could you kinldy let me know if there are any citations available with regards to amendment of cause title. The legal notice was also sent in the same way does it have any bearing on the case
Thanks for the reply

Rajendra K Goyal (Expert) 18 February 2016
Citation is not provided in this section.

Adv. Yogen Kakade (Expert) 18 February 2016
As the person issued the cheque has signed it as an authority of the company, then the company is liable for the act of default.

Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888

Guest (Expert) 18 February 2016
Well advised.

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