Directors resposibility US 138 NI ACT

Dear Querist,

Directiors are to presumed to be responsible for any/all the act(s) done on behalf of the company. In order to shed away from such, a director has to show that he/she was not responsible to manage the day-to-day affairs of the co. at the time of signing of the cheque and/or commission of said offence.

If your wife has been impleaded as party, even if she was not a director, she must have signed the cheque which eventually got dishonoured. Please provide more facts, so that a definitive opinion can be given to rescue you.

Persay all directors are not responsible. Present exemption application it will be allowed. Contest the case you can win hands down.

My wife was director in the company when the loan was taken. The cheque was not signed by her as she was sleeping director not responsible for day to day activities of the company. She has resigned from the company on December 2009 and the cheque which is signed by the other director was presented in the month of November 2010.

The Financer had made accused 1.The company 2. My wife. Please advise in detail.Regards Partho Bhattacharya 

The complainant has to prove vicarious liability of your wife which is not easy. Contest in the cour you will win.

One of my freind suggested me to declare insolvency !

Firstly,Pls advise is it going to help me in any case?

Secondly, wthether in our country a person live with dignity after all this thing?

Pls advise

Partho Bhattacharya

there is once landmark judgment of Justice D.B. Bhosale of Bombay high court  this will help you  for seeking permanant exemption. further there is provision in cr.p.c. for permanant exemption.

 also refer supreme court judgment on sleeping partner s liability

1.  small scale industries 2010

2. S.M.S. Pharmaceuticals

Sir,

If you could send me the performa of exemption petition to be applied regarding the above case, I will be highly oblidged to you.

With Best Regards

Partho Bhattacharya

My wife was a director in the company when the loan was taken. The cheque was not signed by her as she was sleeping director not responsible for day to day activities of the company. She has resigned from the company on December 2009 and the cheque which is signed by the other director was presented in the month of November 2010.

The Financer had made accused 1.The company 2. My wife.

Please advise in detail.

Best Regards Partho Bhattacharya 

No need to declare involvency by your wife. Contest the case she will win.

Sir,

Please give details regarding process for declaring insolvency & how we can get protection from this loan sharks.

Regards

Partho Bhattacharya

You can file a Revision petition in Sessions court against the order of issue of process against your wife  on the ground that she was not concerned with the managment of the company during the transaction. 

either 

You can directly file a Writ petition before High court for quashing of complaint against your wife on the said ground.

Before you could do the either of above, you can try it out before the Trail court by filing an Application of discharge of your wife and/or Application of dismissal of complaint againt your wife on the said ground.

Appoint a good lawyer; No need to be declared insolvent, and keep aside your anxiety and don't be afraid of such complaints if you are right and positive, put your case forwards and contest hardly, you will win.

Thanks Sir,

Please inform whether bouncing of security cheques comes under the preview of 138 of NI Act. Please gives for tips so that I can fight the case as suggested.

Regards

Partho Bhattacharya

We provide extensive help mainly to honest accused. NI138/139 is quite painful for the accused if not handled properly. This is a kind of financial TADA and honest accused although has to pass through the trial once process is initiated still can save himself if properly defended. All the stages including reply to the notice is very important and can twist the case. Contact us with full details for help at advocate.dma@gmail.com for further assistance