Negotiable Instruments Act

Querist : Anonymous (Querist) 14 June 2011 This query is : Resolved
Sir,
I have files a complaint under section 138 N.I.Act and made the company as only accused and no director of the company has been added as accused. The complaint is pending for registration. Can my complaint is maintainable? I have send the demand notice to the company only.

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Arvind Singh Chauhan (Expert) 14 June 2011
Complaint is not maintainable unless person responsible who signed the cheque or director is arrayed as accused, as company can not be punished. Demand Notice on the company's name is enough.

Guest (Expert) 14 June 2011
yes, your complainant is not tenable as you have not added a company representative i.e,director.who is the person that signed the cheque?you have to add that person.

Raj Kumar Makkad (Expert) 14 June 2011
I do agree with both experts.

prabhakar singh (Expert) 15 June 2011
No doubt a co. is a juristic person but it is artificial also and need some human to carry its day to day affairs.
SO unless you make party to the director,you are not going to get any effective remedy.
I am in complete agreement of opinion expressed by my learned brothers.

Arun Kumar Bhagat (Expert) 26 June 2011
Your complaint is absolutely right. Company is liable to be punished u/s138 N.I.Act

Advocate. Arunagiri (Expert) 26 June 2011
It is not necessary to include the directors of the company as accused.

You can add accused at any point of time.

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