Cheque bounce case against company
I’m running a small factory and in course of my business I used to received some cheques from companies. One of my client committed offence under section 138 Negotiable Instrument Act. Is it mandatory to give notice to all the directors of the company?
No need to send separate notice under section 138 NI Act to all the directors of the company. Although directors are responsible for the affairs of company but there is no rule in NI Act to demand for the payment of cheque amount from the directors. Only company is liable, notice given to the company is just and proper.
The section 141 of NI Act states that: If the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Section 138 of the said Act provides punishment which is as same as applicable in case of offence committed by a company. Notice period is also same and there is no provision in the Act for separate notice to all the directors in case company is drawer of the cheque. B. Raman vs Shushan chemicals & Drugs it is held by the Madas High Court that notice should be given to all the directors.
But in Krishna Taxport company vs A. A. Agrawal AIR 2015 SC; judgment given in B. Raman case is ouerruled and it is now settled law that it is not required by the law to give separate notice to all the directors of the company.
It is also unrealistic to know the name of all the directors at the time of issuance of cheque. According to company law a company performs its act through the directors, company is a separate legal entity in the eye of law for purpose of security of rights of those people who having affairs with company.
Shivendra Pratap Singh
Get A Quick Advice
Book an appointment for 15 minutes and consult with an expert over the phone within minutes