Offence under S. 138 NI Act is person specific, scheme of prosecution different from CrPC, Supreme Court

The Supreme Court has held that when a cheque, which is drawn by a company, is dishonoured, the company will have to be made a party to the proceedings under Section 138 of Negotiable Instruments Act (NI Act) and failure to do so will vitiate the prosecution. Importantly, a Bench of Justices Jasti Chelameswar and S Abdul Nazeer also held that the scheme of prosecution under NI Act is different from that under the Code of Criminal Procedure (CrPC) and offence under Section 138 of the NI Act is person-specific. The decision was rendered in an appeal filed by the […]

The post Offence under S. 138 NI Act is person specific, scheme of prosecution different from CrPC, Supreme Court
appeared first on Bar & Bench.

Continue reading