Ab rejected by high court
Ashutosh
(Querist) 04 February 2016
This query is : Resolved
hi, its related with one of my family member. THe case is as:
A firm was formed by 3 person in which 1 was active director and rest 2 was silent. A paper was filed in bank that any director can withdraw the amount. Now after 18 month, the silent director filed a FIR in police that the active director has cheated him and case was registered in 420/406. In between, the silent director also produces some paper where he has mentioned that the active director has borrowed 50 lakh from him and notarized the plane paper in later date when the active director was not in city. Now the active direct resigned and went for AB in lower court which got rejected. the main point of argument that the active director has issued some cheque for a 3rd party on behalf of company and that cheque got bounced AND another party is saying that its the active director nature to do this.
The active director move to high court and again the AB got rejected. Now what are our chances to go ahead? I need to hire some good criminal lawyer for this also.
Devajyoti Barman
(Expert) 05 February 2016
Since AB is rejected in both the court then he must wait underground till submission of charge sheet. After submission of charge sheet he can try his luck making surrender in lower court.
Rajendra K Goyal
(Expert) 05 February 2016
Agree with the expert Devajyoti Barman.
Ashutosh
(Querist) 05 February 2016
Hi, the case was in Patna and we are in Mumbai. It was clear prejudice as the matter was between two directors of a company. Can we move to Supreme court
Raj Kumar Makkad
(Expert) 06 February 2016
Yes you can move to Hon'ble Apex Court.
