Cr. court summons
Jay Prakash
(Querist) 22 October 2012
This query is : Resolved
I am working as Manager in one Ltd. company since July 2011. Recently, i received summons from MM Court Mumbai.
Story is that in January 2010 one supplier supplied some material to the company and the company returned the goods since they were damaged and did not pay to the supplier.
my only part in this case is that i had replied on behalf of the company to their legal notice in Mar. 2012.
Now the supplier has filed Cr. complaint under Sec. 120B, 420, 32 IPC against Company, Purchase manager & myself as accused.
1) How come summons issued against me?
2) i did not know the party in Jan 2010 when they supplied goods, so how come they alledge that it is on my representation that they supplied goods?
2) I am not responsible for the day to day affairs/functioning of the company. Directors are responsible.
3) 2010 when i was not in company then how come sec. 120 B against me?
what remedy do i have?
Kindly suggest.
Devajyoti Barman
(Expert) 22 October 2012
1. You are made party as Representative of the company though the law is to make one of the Directors as party.
2. State this to court and apply for your discharge from this case.
3. Go for quashing then in the high court.
Rajeev Kumar
(Expert) 22 October 2012
You have been made a party in this case though the rule provided in the company act is to make the director as a party in any case. State these fact to the court and file the discharge petition u/s 239 of cr.pc and then move to HC for quashing u/s 482 of cr.pc
Guest
(Expert) 22 October 2012
Arraying you as an accused is impermissible in law. Go for quashing in Bombay HC without loss of any further time.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
