Dishonored Cheque Case Dismissed Due to Failure to Prosecute Company; Only Company Can Be Primary Accused.

The HC held that the non-prosecution of the company from whose account the dishonored cheque was issued is a fatal, non-curable illegality, leading to dismissal of the complaint u/s 138 of the NI Act. The prosecution requires the company to be named as an accused, and directors/officers can only be held vicariously liable if the company is prosecuted. Consequently, the petition was allowed. .....

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