Harassment by petitoner
Vijay
(Querist) 12 October 2016
This query is : Resolved
Hello experts
I was a director in a company till 2011.However I resigned from the company in 2011 and the company filed my form 32.
The same has been updated in ROC.
After my resignation the company continued its business as usual and I had no formal business communication with the company nor was I consulted on any matters by the company.
In the year 2014 I started receiving summons from various magistrates regarding cheque bounce of one Mr. X (name withheld).
I never knew this Mr. X and soon realised that Mr.X was having a cheque bounce case against my previous company where I was a director till 2011 and had subsequently resigned.
It seems that my previous company had utilised services of Mr. X and issued cheques which had bounced.
Hence Mr. X had decided to initiate criminal proceedings against the company naming all the directors past and present.
At this point I must state that I had never issued any cheque to Mr. X
I had to hire a legal professional and represent myself in court for cancellation of my name in the FIR.
This was done but Mr. X to harass me continues to file cases in a different court against the company while making me an accused.
I seek your advice that since I have no relation whatsoever with my previous company I am being harassed for an a crime I have even no knowledge.
Hence how can i stop this harassment.
Regards
Vijay
rajeev sharma
(Expert) 12 October 2016
from the facts mentioned it is clear that now Mr X is in the knowledge that you are no longer a director of the company and the cheque was not signed by you so you may file a case for mental harassment and defamation against Mr x. Consult your lawyer and send him a notice and if he does not withdraw your name from the case initiate proper penal and civil proceedings against him
Rajendra K Goyal
(Expert) 12 October 2016
If the case has been filed and your name is there as accused in cheque bounce case, you have to defend yourself in the cases through your lawyer and try to get your name deleted from the cases as you are not concerned.
R.K Nanda
(Expert) 12 October 2016
Nothing to add more.
Kumar Doab
(Expert) 12 October 2016
Act on the suggestions advanced to you.
Approach your able counsel.
shyam ji srivastava
(Expert) 12 October 2016
Dear Sir
Perused your problem carefully. Once your name has been deleted from cheque bounce case but the person concerned knowingly submitting false cases against you.
You csn send a notice to that person informing dt you have no concern of d company hence he delete your name but if he failed you can again move to high court/csn file defamation suit against dt person.
Regards
SHYAM JI SRIVASTAVA
ADVOCATE-KANPUR
9839028040
Siddharth Dev
(Expert) 12 October 2016
Have you preferred quashing on merits of cases against you
Regards
Siddharth
advocatepassy@gmail.com 971794
(Expert) 13 October 2016
You have already sent reply through your Advocate. Mr. X cannot sent you notices by filling similar cases on the same subject and your Advocate should mention this fact, of earlier similar cases, and ask for dismissal of the cases.
Rajendra K Goyal
(Expert) 13 October 2016
Can proceed as advised by the expert advocatepassy.
Kumar Doab
(Expert) 13 October 2016
You can benefit from the advise of experts.
