Cheque signed by one director-- filled up by other director
Querist :
Anonymous
(Querist) 09 February 2011
This query is : Resolved
In a Limited Company, MD is the only signatory of Bank Account.Company engages a Contractor and MD signs a cheque in his favor. Cheque is filled up by other director on the request of MD. Contractor did not complete the work.Company is not doing any work for the past several years and is facing huge losses. After 12 years the MD has filed a criminal complaint, in MM Court, against the other director that he in collusion with the contractor has shared money with him and has mis-appropriated company funds.
What is the legality of this criminal complaint. What should be the action of other director. MD is the single signatory of bank account of the company and mostly cheques are filled up by accountant,secretary, other directors etc and sometime by MD himself.
Querist :
Anonymous
(Querist) 09 February 2011
Dear Mr Amit Minocha
Thanks for sparing your valuable time.
I am informed that criminal complaint does not get time barred.
NOTTAM VENKATASAMY
(Expert) 09 February 2011
YOU SAID BEFORE 12 YEARS THAT CHEATING WAS HAPPENED, BUT TILL NOW YOU DID NOT WATCH THAT HAPPENINGS IS VERY BAD, IF YOU GO TO FILE A CRIMINAL COMPLAINT THE OFFICER WILL RAISE SUCH TYPE OF QUESTIONS,THAT IS TIME BARED ACTION.
Advocate. Arunagiri
(Expert) 09 February 2011
472. Continuing offence.
In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.
473. Extension of period of limitation in certain cases.
Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may make cognizance of an offence after the expiry of the period of limitations, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.
Ajay Bansal
(Expert) 10 February 2011
See section 468 Cr.P.C. If it is a case of section 420 Cr.P.C. then there is no limitation of taking cognizance of this case.
