Cheating by a fellow Director
Querist :
Anonymous
(Querist) 14 July 2010
This query is : Resolved
I had signed the cheque for the payment to be made to some party,but it was misused by my another Director who is also the signing authority (two signs have to be on the cheque). The cheque was issues issued in the name of the wife of that Director, The date of issue is 15/1/2007 & the cheque was presented for clearing before the completion of six months. All these things happened without my knowledge as the Other director involved was MD of our Pvt. Ltd. company, whose registerd office is his home address. So when the cheque got bounced, I didn't have any information. Moreover, the case has been filed against me & the company. Before that, when the notice was sent, I didnot get the information & what the MD as the key person of the company responded is also not known. So pls. guide me on this matter :
1. Can the case be filed against only one director & not the other who is also the signee?
Guest
(Expert) 14 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
REGARDING THE COMPLAINT UNDER SEC 138 OF N.I.ACT KINDLY NOTE TAHT.
1.A COMPLAINT IS ALREADY FILED IN THE COURT AGAINST YOU UNDER SEC.138 OF N.I.ACT.
2.YOU MAY KINDLY SEND COPY OF THE COMPLAINT IF YOU HAVE ALREADY APPEARED IN TEH COURT AND RELEASED ON BAIL..
3.IF YOU HAVE NOT APPEARED IN THE COURT ,YOU MAY BE CAREFUL AS THERE MAY BE A WARRANT AGAINST YOU.
YOU MAY KINDLY SHIFT FROM THE RESIDENTIAL ADDRESS FOR ONE WEEK AND KEEP READY THE DOCUMENTS OF SURETY AND APPLY FOR BAIL AND PRODUCE THE SURETY DOCUMENTS AND ONE SURETY IN COURT.YOU WILL SUCCEED AS IT IS A BAILABLE OFFENCE.
YOU MAY KINDLY URGENTLY WRITE OR CALL OR SMS AND SEND A COPY OF COMPLAINT AND COPY OF CHEQUE DISHONOURED BY E.MAIL./POST.WILL HELP YOU
GOOD LUCK.
Querist :
Anonymous
(Querist) 14 July 2010
Thank you Mr. Sawant,
I have already appeared in the court once and completed the formalities. I will be really thankful to be guided in this matter further as its a pure cheating case against me. Moreover, in our MoU within the Directors, Its very clearly stated that I will not be responsible for the financial aspects of the company.
Querist :
Anonymous
(Querist) 15 July 2010
Sir, This has happened. The notices have been given to company & one director only. The other director is MD & husband of complainant. The regd. office of the company is the home of MD & his wife.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 July 2010
