<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2020 (1) TMI 1353 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=292520</link>
    <description>In a prosecution under Section 138 of the Negotiable Instruments Act, cognizance and arraignment must follow the special statutory scheme, including disclosure of the drawer, issuance of statutory notice, and compliance with limitation under Sections 138 and 142. Section 319 of the Code of Criminal Procedure cannot be used to sidestep those mandatory requirements and add a new accused who was not originally arraigned. Because no notice had been issued to the petitioner and the impleadment was sought long after the complaint was filed, the addition of the petitioner as an accused was contrary to law and was set aside.</description>
    <language>en-us</language>
    <pubDate>Mon, 06 Jan 2020 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 28 Dec 2020 20:57:09 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=631489" rel="self" type="application/rss+xml"/>
    <item>
      <title>2020 (1) TMI 1353 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=292520</link>
      <description>In a prosecution under Section 138 of the Negotiable Instruments Act, cognizance and arraignment must follow the special statutory scheme, including disclosure of the drawer, issuance of statutory notice, and compliance with limitation under Sections 138 and 142. Section 319 of the Code of Criminal Procedure cannot be used to sidestep those mandatory requirements and add a new accused who was not originally arraigned. Because no notice had been issued to the petitioner and the impleadment was sought long after the complaint was filed, the addition of the petitioner as an accused was contrary to law and was set aside.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Mon, 06 Jan 2020 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=292520</guid>
    </item>
  </channel>
</rss>