Whether case is maintainable u/s.138 of ni act 1881
sudhakar s. yeradkar
(Querist) 06 August 2012
This query is : Resolved
Dear sir,
The undersigned seek your expert opinion on below stated case.
The Case was filled U/s.138 of NI Act 1881 against dishonored of cheque, signed by the Managing Director of the company.
The case was filled against company & its Managing Director who signed the cheque.
subsequently the case has been dismissed by the court as Ex-Pa rte.
Meanwhile the said MD expired two yrs back. Now the complainant has filled an appeal against the dismissal. The copy of death certificate has been made available to the court.
Please confirm the case against the company is maintainable or not and also whether the deceased MD can be replaced by present MD?
Earliest reply will be highly appreciated.
Best rgds,
Sudhakar Yeradkar.
V R SHROFF
(Expert) 06 August 2012
The accused Registered Company do not die due to death of MD.
So case is maintainable against the Company.
N.K.Assumi
(Expert) 06 August 2012
Company is like the King "The King is death, Long Live the"King"
