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        Case ID :
        Indian Laws

        Dishonor of Cheque - insufficiency of funds - existence of...

        High Court Confirms Merged Company's Right to File Complaint for Dishonored Cheque u/s 138.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Dishonor of Cheque - insufficiency of funds - existence of company after merger - When under a judicial order, merger of the Companies has taken place, the earlier Company cease to be in existence after its merger with another Company and the Company which emerges after merger would be entitled to all the rights and liabilities of the merged Company and subject to the terms of the merger. Thus, when the previous Company which had granted loan to the accused is shown to have been merged, it cannot be said that the present complainant-Company does not have locus standi to file the complaint - HC
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