https://www.taxtmi.com/caselaws?id=364491 A complaint under Section 138 of the Negotiable Instruments Act, 1881 must be initiated by the payee or the holder in due course, and the statutory demand notice must likewise be issued by that person. Where the cheques and lease transaction showed the company as payee and landlord, a director could not maintain the complaint in his individual name without showing that he had become the holder in due course. A board resolution authorising him to act for the company did not cure the defect, because the complaint was still not filed in the company's name. The complaint was therefore not maintainable and discharge under Section 251 CrPC was upheld. en-us Fri, 27 Jul 2018 00:00:00 +0530 Tue, 31 Jul 2018 11:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=364491 A complaint under Section 138 of the Negotiable Instruments Act, 1881 must be initiated by the payee or the holder in due course, and the statutory demand notice must likewise be issued by that person. Where the cheques and lease transaction showed the company as payee and landlord, a director could not maintain the complaint in his individual name without showing that he had become the holder in due course. A board resolution authorising him to act for the company did not cure the defect, because the complaint was still not filed in the company's name. The complaint was therefore not maintainable and discharge under Section 251 CrPC was upheld. Case-Laws Indian Laws Fri, 27 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=364491