Negotiable Instruments Act, 1881–Secs. 138 & 141–Offence by the company–Complaint against the appellant without arraigning the company as an accused–Quashment of proceedings was sought by the appellant on this ground–View of High Court that the complainant has pleaded ignorance about the existence of the company and all steps can be taken by him to proceed against the company as well as the other persons responsible for the affairs of the company–Whether proper ?–Held, no–Complaint is not maintainable in absence of the company being arraigned as an accused–Further, no notice of demand was served to the company–Therefore, there was a non-compliance of the proviso to Sec. 138–Impugned judgment of High Court set aside and complaint quashed.
