https://www.taxtmi.com/caselaws?id=307380 For cheques drawn on a company's account, a Section 138 prosecution requires the complaint to identify the company as drawer and to contain the necessary foundational averments against it. Statutory demand notice must be served on the drawer company. Later impleadment of the company under criminal procedure, without curing delay or the original statutory non-compliance, cannot rectify those defects. A managing director's liability is vicarious and depends on a valid prosecution of the company as principal offender; failure to validly proceed against the company therefore undermines proceedings against the director. en-us Fri, 16 Mar 2018 00:00:00 +0530 Mon, 10 Apr 2023 08:54:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=307380 For cheques drawn on a company's account, a Section 138 prosecution requires the complaint to identify the company as drawer and to contain the necessary foundational averments against it. Statutory demand notice must be served on the drawer company. Later impleadment of the company under criminal procedure, without curing delay or the original statutory non-compliance, cannot rectify those defects. A managing director's liability is vicarious and depends on a valid prosecution of the company as principal offender; failure to validly proceed against the company therefore undermines proceedings against the director. Case-Laws Indian Laws Fri, 16 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307380