Legal Question in Criminal Law in India
NegotiableInstruments Act
When order was placed they were in board of directors chq issued on 01/05/2006 to us ... they were in board of directors 2 of the directors resigned on 26/06/2006 later chqs were deposited on 30/06/2006 but chq got bounced can we file complaint against this 2 also ( they were not the signing authority)
are they liable under NegotiableInstruments Act.
6 Answers from Attorneys
Re: NegotiableInstruments Act
all the persons who are responsible for day today business of the company like directors right form stage of notice with a positive pleading to that effect can be there and all such persons as on date of issuance of cheq are liable to pay such money under bounced cheque and are answerable for proceedings under Section 138 . the two of said directors can be well proesecuted
Re: NegotiableInstruments Act
you can file a complaint case agaist company and those directors who were incharge and dealing day to day affiars of the company at the time of issuance of cheque
Re: NegotiableInstruments Act
In cases pertaining to companies, persons incharge of and responsible for day to day management of the business are responsible.
Re: NegotiableInstruments Act
Any director who is not the signatory of the issued cheque or is not the person incharge at the time of commission of offence should not be made a party to the complaint as the same can easily get out of the allegation that he was not the persoon incharge of the affairs of the comapny by filing a petition u/s 482 of Cr.P.C.
Re: NegotiableInstruments Act
No they are not liable if not signatories to dishonoured cheques and incharge of affairs of the company
Re: NegotiableInstruments Act
You should file your case against the company and the signatories on the cheque.
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