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Defamation Case

(Querist) 20 June 2011 This query is : Resolved 
Can an ex-employee of the company (company already wind up) file a case against ex Managing Director due to:
(1) On the cheque signed by employee Managing Director has issued instruction to bank for ‘Stop Payment’
(2) Ex employee is defending case out of its own pocket since last 15 years.
(3) During the continuation of company managing Director refused to reimburse expenditure to ex-employee, since he has left the company.
(4) Managing Director has minted the money from the company & close the company through winding up.
Cheque amount is a Hughes amount. Ex –employee has spent lacs of rupees to defend him self. Kindly advice what remedy is available to ex –employee to recover money spent on litigation & harassment from Ex managing Director.

Devajyoti Barman (Expert) 20 June 2011
What is the status employee in the company?

Not the employees but the Directors are responsible for the loan or cheque bounce.

So it should have been the MD who would represent the company in cheque bounce case and not an employee like you.

The case may be quashed on this ground alone.
pkm (Querist) 21 June 2011
only aythorised signatory


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