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

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

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.

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