section 141 of NI Act!!!!!!!!!!!

queryking (Querist) 23 December 2009 This query is : Resolved
is company/firm necessary party for the complaint filed under section 138? i Heard In Anil Hadda case the Hon'ble Apex court said company is not a necessary party, is there any recent supreme court judgments which says company/firm should be arrayed as accused?

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Sukhija (Expert) 24 December 2009
If u have recd chq on behalf of company thru its officer in charge then ans 2 ur Q is YES

Sukhija (Expert) 24 December 2009
But if it is proprietor of a firm then not necessary to make a firm an accused.

adv. rajeev ( rajoo ) (Expert) 24 December 2009
Company is necessarily be arrayed as accused if the cheque is issued on behalf of the company.

Adinath@Avinash Patil (Expert) 24 December 2009
COMPANY IS NECESSARY PATY IF YOU RECEIVED CHEQUE ON BEHALF OF COMPANY

PJANARDHANA REDDY (Expert) 24 December 2009
THE CAPACITY OF THE AUTHORISED SIGNATURE MUST BE ESTABLISH AND PROVED WITH EVIDENCE/WITNESS TO PROCEED FURTHER AND HIS/HER CAPACITY PLAYS AN IMPORTANT ROLL IN CONVICTION.

Sachin Bhatia (Expert) 24 December 2009
Yes company is necessary party in the complaint if you received cheque on the behalf of company.

prakash vathore (Expert) 24 December 2009
yes

sanuj klshreshtha (Expert) 24 December 2009
necesary party is that party which have its vested interest interest in the lis, hence if the company issues the cheaque in its nomenclature, or in any way the proceeding under NI act influences or affects the interests of the company directly then it can be a necessary for the settlement of the issue and correct decision of the case.

queryking (Querist) 24 December 2009
yes, fine, thank you
citations/authorities plz..........

Ajay Bansal (Expert) 26 December 2009
Send full facts of your complaint,then I will give you a perfect reply.

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