Cn discharge appln file for sec 138 ni matter
Bharat udyog Ltd
(Querist) 11 June 2018
This query is : Resolved
Sir,
Matter under section 138 is pending in court against company .As there are 3 accused persons 1 and 2 accused are directors of the company accused no 3 is authorized signatory who had signed the cheque which was bounced .......however when cheque ws given and bounced that time accused no 2 has been resigned from directorship of company due to some reason.Hence can we filed discharge application on this ground . Please provide me necessary information for further action.
Regards,
Sarilka
AKSHANSH SINGHAL
(Expert) 16 June 2018
You have not mentioned the reason of dishonor of the cheque. The person signing the cheque is liable for punishment u/s 138 of the NI Act. If a director has resigned prior to issue of the cheque dishonoured, then he can be discharged from criminal liability upon presentment of sufficient evidence before the Ld Court.
Hemant Agarwal
(Expert) 24 June 2018
1. Director's resignation has to be mandatorily reflected in a Board of Directors Resolution. Certified copy of this BOD resolution and ROC's DIN information report can be filed, for obtaining discharge. However, it is better to prove all these issues during Trial, to get a clean acquittal.
2. HOWEVER, the complaintant is entitled to take plea that in-charge Director's liability of the bounced cheque amount existed before resignation date and before issue of cheque.
Keep Smiling .... Hemant Agarwal
Ms.Usha Kapoor
(Expert) 04 July 2018
I agree with Hemabt Agarwal's view.
Ms.Usha Kapoor
(Expert) 05 July 2018
I agree with Hemant Agarwal's view.
