https://www.taxtmi.com/caselaws?id=295067 A complaint under section 138 read with section 141 of the Negotiable Instruments Act, 1881 is not maintainable against directors alone when the dishonoured cheque was issued from the company's bank account and the company is not arraigned as an accused. The court noted that the company was in existence when the cheques were issued and when the complaint was filed, and that directors' liability under section 141 depends on the company being made a party. The absence of the company as accused warranted quashing of the complaint and all consequential proceedings, and the writ application succeeded. en-us Fri, 11 Jan 2019 00:00:00 +0530 Tue, 18 May 2021 08:29:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295067 A complaint under section 138 read with section 141 of the Negotiable Instruments Act, 1881 is not maintainable against directors alone when the dishonoured cheque was issued from the company's bank account and the company is not arraigned as an accused. The court noted that the company was in existence when the cheques were issued and when the complaint was filed, and that directors' liability under section 141 depends on the company being made a party. The absence of the company as accused warranted quashing of the complaint and all consequential proceedings, and the writ application succeeded. Case-Laws Companies Law Fri, 11 Jan 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295067