138 niacomplaint by association of persons

The suit under sec. 138 of N.I.Act can be filed by the person in whose name the cheque has been issued or by the authorised person of the company or society or trust under whose name mentioed on the cheque. And if such company or trust or society has a bank account, that means the said company or society or trust is already registered.

Adv. Yogen Kakade

Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in   Phone: 020-65248888 / 09225510883

Even unregistered Societies can have bank accounts. I know several such societies. I am not sure whether an unregistered society, but having bank account in the name of the society can file complaint with the Society by name as the complainant. I know a case where an Association having bank account could not be sued as the Association was not registered. The complaint had to be filed against each member by name. There is a principle that if an entity cannot be sued, it cannot sue either. Well! if you are the accused try rebuttig the case in the court. If you are the Association, again try.