NI Act

Sanamdeep Singh (Querist) 15 February 2017 This query is : Resolved
I filed a complaint u/s 138 against company and its directors but the magistrate issued summon against director and not against company although company was made party no. 1 in complaint. The magistrate also did not mention any reason for not issuing summon to the company, in his order. Please advise, whether order against only the director is legal. What remedy available to me.

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Guest (Expert) 15 February 2017
Whether it is a Personal Cheque Or Company's Cheque Signed by its Director.What ever it is you could wait till the next hearing and If the Summon gets served and the Accused appears in Court you need not Worry.Other wise Let your Advocate Explain and Convince the Magistrate with the Facts mentioned by You.

Sanamdeep Singh (Querist) 15 February 2017
It was company's cheque signed by director,

Guest (Expert) 15 February 2017
So No Problem and Do Not worry.Wait till the Next hearing and act as advised please.

rajeev sharma (Expert) 15 February 2017
The action of the magistrate is fully legal. Company is a a legal person . It acts through one of its directors hence for fraud or criminal act done by company its directors are personally liable

Ms.Usha Kapoor (Expert) 16 February 2017
Agree with Rajeev Sharma.

Hemant Agarwal (Expert) 17 February 2017
While "agreeing" with Shri Rajeev Sharma :

1. The Company is made a "party" in a N.I.Act matter, just simply because in case the liable Directors expire before conclusion of Trial, THEN other responsible person can be directed to represent the company, as witness /evidence.

2. The Company being a "fictional juristic person" CANNOT be jailed /imprisoned, Hence CANNOT appear in court. However Accused-Company can be ordered to pay the Fine /Compensation, in case the liable Directors expire before judgment of the Court.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Rajendra K Goyal (Expert) 18 February 2017
Agree with the expert Hemant Agarwal.

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