https://www.taxtmi.com/caselaws?id=441619 In a prosecution under Section 138 read with Section 141 of the Negotiable Instruments Act, the absence of the company as an accused is not automatically fatal where the complaint, read as a whole, contains the foundational averments showing the company's involvement and the director's responsibility. The court treated the omission as a curable infirmity, holding that a formal amendment may be allowed where the defect is inadvertent and no prejudice is caused. The complaint was therefore not rejected on the ground of non-joinder alone, and the matter was permitted to proceed after amendment of the pleading. en-us Thu, 03 Aug 2023 00:00:00 +0530 Sat, 12 Aug 2023 08:29:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=441619 In a prosecution under Section 138 read with Section 141 of the Negotiable Instruments Act, the absence of the company as an accused is not automatically fatal where the complaint, read as a whole, contains the foundational averments showing the company's involvement and the director's responsibility. The court treated the omission as a curable infirmity, holding that a formal amendment may be allowed where the defect is inadvertent and no prejudice is caused. The complaint was therefore not rejected on the ground of non-joinder alone, and the matter was permitted to proceed after amendment of the pleading. Case-Laws Indian Laws Thu, 03 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=441619