Negotiable Instruments Act, 1881
Sections 138 & 141—Dishonour of cheque—Offence by company—Petition to quash proceedings against petitioners-directors—Statutory notice was given only to petitioners but no notice was given to the company—Prosecution against present petitioners without arraigning the company is not maintainable and putting the petitioners into trial is absurd process—Proceedings quashed and set aside qua petitioners—Petition allowed.
[Paras 12 & 14]
Decision : Petition allowed