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ramjishyamji (consultant)     09 March 2010

Ni 138, directors liability

1.Accused issues post dated cheques as managing director.
2.Before the due date he transfer the holding shares to other party and resigns.However consideration for sale as per their agreement not recived by him.
3.After transfer of management he resigns before the due date.
4.Form 32 filed with authorities.On due date cheqe bounces due insufficient funds and signature withdrawn.
5.is he liable! crime starts on the day cheque issued!

6.recent supreme court judgement if the accused incharge of business on the date cheque was isssued he is liable!



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 1 Replies

ramjishyamji (consultant)     16 March 2010

Request  honuorable members views with favouable case laws.understand apex court in latest judgement has mentioned relevant date is date when cheque was issued ( Hence).Directors  in control of company on that date becomes Liable! request urgent help!


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