https://www.taxtmi.com/caselaws?id=341857 A complaint under section 138 of the Negotiable Instruments Act against company officers was held not maintainable where the company, as the principal offender and drawer of the cheque, was not arraigned as an accused. The Court treated non-impleadment of the company as a foundational defect that went to the root of the prosecution, making vicarious liability under section 141 unavailable. It further held that section 319 of the Code of Criminal Procedure cannot be used to cure an initial illegality in the institution of the complaint or to validate proceedings that were defective at inception. The criminal proceedings were quashed against the applicant. en-us Tue, 11 Apr 2017 00:00:00 +0530 Wed, 19 Apr 2017 07:04:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=341857 A complaint under section 138 of the Negotiable Instruments Act against company officers was held not maintainable where the company, as the principal offender and drawer of the cheque, was not arraigned as an accused. The Court treated non-impleadment of the company as a foundational defect that went to the root of the prosecution, making vicarious liability under section 141 unavailable. It further held that section 319 of the Code of Criminal Procedure cannot be used to cure an initial illegality in the institution of the complaint or to validate proceedings that were defective at inception. The criminal proceedings were quashed against the applicant. Case-Laws Indian Laws Tue, 11 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=341857