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    <title>2024 (5) TMI 1321 - CALCUTTA HIGH COURT</title>
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    <description>A complaint under the Negotiable Instruments Act was treated as not maintainable where the cheque was issued on behalf of a company but the company itself was not arraigned as an accused; liability under sections 138 and 141 requires the drawer company and the person in charge of its business to be proceeded against in the recognised manner. The Court also noted that the absence of an inquiry under section 202(2) of the Code of Criminal Procedure did not, on these facts, sustain the process or cure the defect in the complaint. The criminal proceeding was quashed in respect of the petitioner.</description>
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      <description>A complaint under the Negotiable Instruments Act was treated as not maintainable where the cheque was issued on behalf of a company but the company itself was not arraigned as an accused; liability under sections 138 and 141 requires the drawer company and the person in charge of its business to be proceeded against in the recognised manner. The Court also noted that the absence of an inquiry under section 202(2) of the Code of Criminal Procedure did not, on these facts, sustain the process or cure the defect in the complaint. The criminal proceeding was quashed in respect of the petitioner.</description>
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