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

Murali Krishnan August 30 2017
defamation

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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