NI Act Section 138: Director not liable if Company is not been made accused

Geeta Singh Vs Pradeep Singh (Delhi High Court)

If a company is a drawer of the cheque, it is a necessary party to proceedings initiated under Section 138 of the NI Act. The liability of a private person, in his capacity of a Director or any other authority to act on behalf of the Company, if has to be severed from the liability of the Company, cannot arise against him when the Company itself is also an accused. Such liability against the person would arise when the accused person has issued the cheque in his personal capaci

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