Offence under S. 138 of NI Act is person specific, scheme of prosecution different from CrPC, Supreme Court

Murali Krishnan August 30 2017

The Supreme Court has held that when a cheque, which is drawn by a company, is dishonoured, the company will have to be made a party to the proceedings under Section 138 of Negotiable Instruments Act (NI Act) and failure to do so will vitiate the prosecution.

Importantly, a Bench of Justices Jasti Chelameswar and S Abdul Nazeer also held that the scheme of prosecution under NI Act is different from that under the Code of Criminal Procedure (CrPC) and offence under Section . . .

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