https://www.taxtmi.com/caselaws?id=104713 Section 138 prosecution cannot be maintained against an individual when the dishonoured cheque is drawn on a company account and the complaint does not allege that the company committed the offence so as to attract Section 141. The High Court noted that the cheque was issued on behalf of the company and signed by its managing director, while the complaint proceeded only against the petitioner personally. It held that the statutory foundation for personal liability was absent and the proceedings were liable to be quashed. The objection that only the company could file the complaint was rejected because the loan agreement and complaint showed the transaction was with the complainant personally, with the company name used only for address purposes. en-us Thu, 06 Apr 2000 00:00:00 +0530 Thu, 01 Mar 2012 10:50:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=104713 Section 138 prosecution cannot be maintained against an individual when the dishonoured cheque is drawn on a company account and the complaint does not allege that the company committed the offence so as to attract Section 141. The High Court noted that the cheque was issued on behalf of the company and signed by its managing director, while the complaint proceeded only against the petitioner personally. It held that the statutory foundation for personal liability was absent and the proceedings were liable to be quashed. The objection that only the company could file the complaint was rejected because the loan agreement and complaint showed the transaction was with the complainant personally, with the company name used only for address purposes. Case-Laws Companies Law Thu, 06 Apr 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=104713