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Complaint Dismissed: Section 138 Case Invalid as Notice Sent Post Company Liquidation; Summoning Order Void.

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Full Text of the Document

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....Dishonor of Cheque - cheque was returned unpaid - The complaint filed under Section 138 of the Negotiable Instruments Act, 1881 is not maintainable because the complainant /respondent sent a notice to the applicants after passing of the wind up order by this Court meaning thereby on the date of issuance of notice to the applicants the company was in liquidation and cannot be stated to have committed any offence, therefore, summoning order is bad in law....