https://www.taxtmi.com/caselaws?id=307420 Complaints under Section 138 of the Negotiable Instruments Act were held unsustainable where the cheque was drawn on a company account but the company was not served with the mandatory statutory demand notice and the complaint did not clearly aver that the company was the drawer. The company must be arraigned as the principal accused, and vicarious liability of directors under Section 141 arises only after the foundational requirements against the company are satisfied. An earlier order permitting impleadment of the company did not cure the absence of notice or the missing foundational averment. The complaints were therefore not maintainable against either the company or the individual accused. en-us Thu, 22 Jun 2017 00:00:00 +0530 Wed, 12 Apr 2023 21:20:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=307420 Complaints under Section 138 of the Negotiable Instruments Act were held unsustainable where the cheque was drawn on a company account but the company was not served with the mandatory statutory demand notice and the complaint did not clearly aver that the company was the drawer. The company must be arraigned as the principal accused, and vicarious liability of directors under Section 141 arises only after the foundational requirements against the company are satisfied. An earlier order permitting impleadment of the company did not cure the absence of notice or the missing foundational averment. The complaints were therefore not maintainable against either the company or the individual accused. Case-Laws Indian Laws Thu, 22 Jun 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307420