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Somashekar L   19 February 2023

How to reply tocriminal petition filed in high court in 138 ni case

i have filed complaint in lower court in cheque bounce in 138 ni act against a company,managing director and other two directors.Now one of the director filed criminal petition in high court claiming that he was not involved in day to day affairs of the company and not signed the cheque and hence requested to drop the proceedings in lower court.He got stay and emergent notice is issued by high court to me to reply or file objections if any.How can I file the reply



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 4 Replies

Dr J C Vashista (Advocate)     19 February 2023

The petitioner has a valid point as he is (as stated by you) not involved in the transaction(s) concerning subject cheque.

The Magistrate (Trial Court) should not have issued summons to such director.

Contest through your lawyer if you have some clinching evidence qua involvment of the petitioner (accused in original cheque dishonour case).

Real Soul.... (LEGAL)     20 February 2023

If the cheque was issued by any person in his personal capacity then only that person is to be prosecuted, but if the cheque is issued by company under company name and title with signatures of signatory then you can file for al of the related persons . However it is advised to get the reply drafted by a lawyer and make him to appear for arguments.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 February 2023

the directors of the company may be held vicariously liable for the bouncing of checks issued by the company. But if a person is to be held liable under Section 141 of the NI Act, it is pertinent to mention that the liability of that person should exists under Section 138 of the NI Act.

Somashekar L   20 February 2023

Thank you.While the proceedings were running in lower court the managing director who signed the cheque passed away.Other two directors not signed the cheque.One director who was a director during the business time and also when the cheque bounced and also when the case was filed but later resigned.Now got stay saying that he was not involved in the day today affairs of the company then...how to vacate the stay and make him liable.


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