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    <title>2018 (11) TMI 184 - DELHI HIGH COURT</title>
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    <description>A company may be summoned as an additional accused under Section 319 CrPC in a cheque dishonour complaint where the cheque was issued from the company account, the liability arose from the company transaction, and the omission of its name from the complaint was inadvertent. The demand notice and reply may be read as relating to the company&#039;s liability where both the director and the company understood them that way, and supporting evidence shows the company&#039;s involvement in the transaction. On that material, the Magistrate&#039;s summoning order was justified, and the revisional court erred by treating the matter as one of maintainability against the director rather than the propriety of summoning the company.</description>
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    <pubDate>Mon, 08 Oct 2018 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=369841</link>
      <description>A company may be summoned as an additional accused under Section 319 CrPC in a cheque dishonour complaint where the cheque was issued from the company account, the liability arose from the company transaction, and the omission of its name from the complaint was inadvertent. The demand notice and reply may be read as relating to the company&#039;s liability where both the director and the company understood them that way, and supporting evidence shows the company&#039;s involvement in the transaction. On that material, the Magistrate&#039;s summoning order was justified, and the revisional court erred by treating the matter as one of maintainability against the director rather than the propriety of summoning the company.</description>
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