Dishonour of Cheque - The High Court hedl that, where the ...

Company's Role in Cheque Dishonor Cases: Employee or Representative Acts as De Facto Complainant u/s 138.

February 10, 2024

Case Laws     Indian Laws     HC

Dishonour of Cheque - The High Court hedl that, where the company is a complainant, who will represent the company, and how the company will be represented in 138 proceedings is not covered by the Code. Section 200 of the Code mandatory requires an examination of the complaint, and whether the complainant is an incorporeal body, it is only one of its employee or authorized representative can be examined on behalf of the company. With the result, the company becomes a dejure complainant and the person, who is representing the company whether it is employee or the authorized representative becomes de facto complainant, thus, in every complaint lodged by a company, which is a separate juristic personality, there is a complainant dejure and a complainant de facto.

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