138 of N.I.Act

Querist : Anonymous (Querist) 28 February 2011 This query is : Resolved
Sir,

i am one of the accused (non executive director) in 138 matter filed by the complainant against the company. Sir my question is that the court has suo-moto dropped the signatory of the cheque in the same proceeding, should i filed revision application against the conduct of the court, or can court suo moto drop the signatory of the cheque, whether it is irregular proceeding under cr.p.c. kindly guide me with your valuable guidance

thanking you,

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Ajay Bansal (Expert) 28 February 2011
Firstly tell who is signatory of cheque and under what position he had signed the cheque.

Querist : Anonymous (Querist) 28 February 2011
Sir, signatory of the cheque is one of the director of the company i.e. accused no. 3, i am accused no.7 (non executive director). my question is can the court suo moto drop the signatory of the cheque, who is director of the company.

Amit Minocha (Expert) 28 February 2011
are there any allegations against A3 in the complaint or not ?

Advocate Bhartesh goyal (Expert) 28 February 2011
Still your query is not clear.Any way,if court has taken cognigence of offence against all the accused including the signatory of cheque then after that court can not drop the proceedings against that signatory or can not recall its cognigence order.

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