Cheque Dishonor Case: Company Must Be Accused Before Directors; Complaint Against Petitioners Dismissed Due to Lack of Allegations.

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....Dishonor of cheque - vicarious liability - On perusal of the notice and the complaint, it is seen that there is no specific averments against the petitioners who had taken part in the dayto- day affairs of the Company. Hence, it is imperative to array the company as an accused and thereafter, proceed against the Directors and others. Thus, looking from any angle the accused cannot be prosecuted and hence, the complaint against the petitioners is not sustainable. - HC....