Dishonour of CHeque for a Loan which was not taken

hi

very confusing details please post point by point for easy understand

In a pvt ltd company 2 directors decided to put unsecured loan

One direct0r being Mg director put 10 Lac as unsecured loans, other director also submitted Demand drafts in his father name for 10 lacs

within few months of putting funds, the company became sick and the company also reported some missing cheque to policstation

few days after the MG directror recived received notice for bouncing of said cheques , which the claimant , a finance company sayng tht they had advance a loan to the company.

As the pvt ltd company has not taken any loan from the finance company, and the director of finance company also happen to be the otehr drictor who signed on those cheques. AS he stole the cheques and used if to harass the Mg director.

THe finace company claims to issue a loan on a particular date, and its been proved the Mg Dir. was not in the said city on tht date. Nor there is any loan application, or loan agreement. The Pvt company also had a 4 years civil suit recvovery filed against it before this happenings.

Dear Sushil,

You case is very complicated. But to file any case in Section 138 of NI. Legally enforceable Debt and Liability has to be taken into an account. If there is no Legally enforceable Liability then in my opinion you cannot be booked under Section 138. It will be better to hire a good lawyer for the same.

Regards,

Vivek

If the payment is made in the name of company the liability will be threre subject to limitaion.

hi my self peter rose,......................

It was a pleasure talking to you....was going through notes on dishonor in case of cheques and chanced upon your query....on an impulse called you....sorry!!!! anyways take care and thanks for being a friend!!!! stay connected!!!

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