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Head Note

The Negotiable Instruments Act, 1881  - Section 138 , Section 142

Offence by company - Notice - Individual notice to Directors - Requirement - Section 138 of the Act does not admit of any necessity or scope for reading into it the requirement that the directors of the Company in question must also be issued individual notices under Section 138 of the Act - Such directors who are in charge of affairs of the Company and responsible for the affairs of the Company would be aware of the receipt of notice by the Company under Section 138 - Therefore neither on literal construction nor on the touch stone of purposive construction such requirement could or ought to be read into Section 138 of the Act.

Topic(s)-Dishonour of Cheque - No necessity of notice to individual directors

Important Decision(s)- Directors who are in charge of affairs of the Company and responsible for the affairs of the Company would be aware of the receipt of notice by the Company under Section 138.