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More, just in case exactly the same is permissible, until what stage and to what extent, can a prison grievance be amended? The problem attains all the more importance where by a complainant in cheque bouncing situation seeks to introduce a celebration, Specially a business, via these kinds of Modification.
Usually inside the absence of any authority of legislation to investigate the offence beneath Area 138, there would be no person towards whom a Courtroom can carry on. There cannot be a prosecution devoid of an accused. The offence less than Portion 138 is man or woman particular."
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Offence less than Portion 138 NI Act becoming individual particular, exactly where a criticism/ complainant fails to disclose particular averments versus Corporation, Courts would refuse to just take cognizance within the complaint. Nonetheless, the same is in contrast to your condition where the corporation resulting from, inter alia
Though executive board associates with the National Treasury Workforce Union, these men and women misappropriated resources from each federal governing administration accounts and union funds by double billing the two companies for official vacation and getting funds innovations for their unique personal benefit.
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6. Nevertheless, the mentioned judgment of Hon'ble Significant Court docket does not seem to lay down the right authorized proposition in relation to cheque bouncing circumstances, in The sunshine of the decision of Hon'ble Apex Court docket in
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ten. Court docket usually takes cognizance of the offence instead of the offender and that it's incumbent of Justice of the peace to ascertain the accused by both inquiry or by ordering investigation.
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