Inability to Cure Section 138 Corporate Omissions via Section 319 CrPC After Limitation Expiry
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Case: MANJULA KAPOOR v. THE STATE OF HIMACHAL PRADESH
Court: Supreme Court of India
Date: 29-07-2026
Law: Code of Criminal Procedure, Negotiable Instruments Act.
Highlights of the Judgment:
- Examination of the mandatory requirement to implead a company as an accused under Section 138 of the Negotiable Instruments Act.
- Analysis of whether Section 319 of the Code of Criminal Procedure can be invoked to cure a fatal defect in a complaint where the company was initially omitted.
- Application of statutory limitation rules under Section 142 of the Negotiable Instruments Act regarding the initiation of prosecution.
- Reiteration of the principle that a fundamentally flawed complaint cannot be revived beyond the limitation period.