NI Act| Company can be summoned through person in charge of its affairs, no separate summons required for company: Allahabad High Court
The Allahabad High Court has held that a company is a legal person who can be summoned through the person in charge of its affairs and if such legal person is summoned through the person in charge, it cannot be said that the company has not been summoned for trial under the Negotiable Instruments Act, 1881.
The court said that once a company is made a party to the proceedings under Sections 138 and 141 of the Act, if the director who signed the cheque is summoned, it must be presumed that the company has been summoned.
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