https://www.taxtmi.com/caselaws?id=314080 Liability under Section 138 of the Negotiable Instruments Act arises only when the statutory ingredients are satisfied, including issuance and service of the demand notice on the drawer and failure to pay within the prescribed time. Where no such notice was issued or served, no cause of action arises and the complaint is not maintainable against that person. The power under Section 319 of the Code of Criminal Procedure cannot be used to cure that defect or to make maintainable a complaint that was otherwise not maintainable. The Gujarat HC noted that authorities dealing with companies and Section 141 were inapplicable on the facts of a proprietorship concern. en-us Tue, 24 Jan 2012 00:00:00 +0530 Thu, 16 May 2024 16:22:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314080 Liability under Section 138 of the Negotiable Instruments Act arises only when the statutory ingredients are satisfied, including issuance and service of the demand notice on the drawer and failure to pay within the prescribed time. Where no such notice was issued or served, no cause of action arises and the complaint is not maintainable against that person. The power under Section 319 of the Code of Criminal Procedure cannot be used to cure that defect or to make maintainable a complaint that was otherwise not maintainable. The Gujarat HC noted that authorities dealing with companies and Section 141 were inapplicable on the facts of a proprietorship concern. Case-Laws Indian Laws Tue, 24 Jan 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314080