https://www.taxtmi.com/caselaws?id=108930 Section 138 of the Negotiable Instruments Act requires that the accused be the drawer of the dishonoured cheque and maintain the account on which it was drawn. Where a cheque is issued from a company account and the person proceeded against is neither the drawer nor shown to be a director or person in charge of the company's affairs, alleged liability connected with the underlying debt does not satisfy the statutory ingredients. In that situation, service or deemed service of statutory notice becomes immaterial to criminal liability, and prosecution under section 138 cannot be sustained. en-us Thu, 28 Feb 2002 00:00:00 +0530 Wed, 04 Apr 2012 18:15:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108930 Section 138 of the Negotiable Instruments Act requires that the accused be the drawer of the dishonoured cheque and maintain the account on which it was drawn. Where a cheque is issued from a company account and the person proceeded against is neither the drawer nor shown to be a director or person in charge of the company's affairs, alleged liability connected with the underlying debt does not satisfy the statutory ingredients. In that situation, service or deemed service of statutory notice becomes immaterial to criminal liability, and prosecution under section 138 cannot be sustained. Case-Laws Companies Law Thu, 28 Feb 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108930