Negotiable Instruments Act, 1881
Section 138—Dishonour of cheque—Petition to quash summoning order on ground that Official Liquidator appointed for winding up of accused company before the dishonour of cheque in question—High Court observed in M.L. Gupta v. Ceat Finance Services Ltd., 2006 SCC Online Del 1448 that if there is a winding up petition against a company in which no winding up order is passed, complaint under Section 138 of the NI Act would be maintainable against the company as well as its directors as mere filing of the winding up petition would not be of any consequence—Complaint relating to cheque was instituted prior to winding up order and further respondent had been permitted to proceed against petitioner with the complaint—Petition dismissed. [Criminal Procedure Code, 1973, Section 482; Companies Act, 2013, Sections 272, 273 & 279]
[Paras 11, 14 & 15]
Decision : Petition dismissed