In Brief
The appellant, a director and signatory of M/s. Dakshin Granites Pvt. Ltd., was prosecuted for dishonour of a cheque under Section 138 of the Negotiable Instruments Act. The cheque was drawn on the company's account. The respondent later sought to implead the company as an accused using Section 319 CrPC, three years after the cheque was dishonoured. The Court held that the company, as the actual drawer, must be arraigned as an accused in any prosecution under Section 138, and that the appellant cannot be prosecuted without the company. The one-month limitation period under Section 142 for filing complaints is mandatory and cannot be circumvented by procedural devices. The appeal was allowed and the High Court's judgment was set aside.
The lawyer headnote and full judgment text are available to registered users.