In a proceeding under S. 138 of N.I.Act, arraying of a proprietor as an accused or a proprietary concern represented by proprietor would be sufficient compliance with the requirements under S. 138 of N.I.Act - Proprietor and the proprietary concern are not required to be separately arrayed as a party accused.

Citation

AIROnline 2022 KAR 223

Karnataka High Court

SURAJ GOVINDARAJ , J.

CRIMINAL PETITION - 8257 of 2019 D/- 21 - 9 - 2022

H. N. Nagaraj v. Suresh Lal Hira Lal

(A)Negotiable Instruments Act (26 of 1881), S.138, S.141, S.142 - Dishonour of cheque - Offence

by company - In a proceeding under S. 138 of N.I.Act, arraying of a proprietor as an accused

or a proprietary concern represented by proprietor would be sufficient compliance with the

requirements under S. 138 of N.I.Act - Proprietor and the proprietary concern are not required

to be separately arrayed as a party accused.

CRM-M-54111/2021, Dt. 26.08.2022 (P and H)-Dissented

S. 141 of N.I. Act does not indicate the applicability of the same to