A Complaint Under Section 138 of the Negotiable Instruments Act,1881 had been filed in year 2020 against 8 accused. Now, in year 2022, 2 of those 8 accused, who were director of the same company (i.e., company A) filed a petition in higher court claiming that the company was non-existent in the year 2020 as the company has been already amalgamated with Company B in 2016 as per the order of High Court.
But the company’s status on MCA was still ‘Active’ even in year 2021.
(i) How will this amalgamation affect our case and what plea complainant will take after the Company A has filed petition before High Court about its amalgamation with the other company?
(ii) Are we a bona fide complainant or the accused? Give reasons.
(iii) What is the time limit for seizing the operations of the company after amalgamation.
