ipc 138
Querist :
Anonymous
(Querist) 08 May 2011
This query is : Resolved
I was an employee of acompany as a GM(engineering).
Company issued a cheque to raw material supplier, which was returned by the bank becasuse of the short fund.
Raw material supplier have filed a case under ipc 138 against COMPANY,MD,CS,WM,ACCOUNT MANAGER,GM(MY SELF) and Ome of the guest.
WM & ACCOUNT MAN signed the cheque.
As per the company MD'S approval/instructions.
I have not signed any cheque,nor any agreement,
I have left the company in 2006.
The case is going on since 2000.
No hearing has taken placeonly dates are given.
It is not possible to remain present every time and some times they issue non nbailable warrents.
The company is closed only CMD peon and one assistant is working there is no phone no power in the company.
Can any body help me to get out of this trouble?
Guest
(Expert) 08 May 2011
first of all this is a case under section 138 of NI Act and if you have resigned the company and not signed that cheque than you can file an application for discharge only on this basis that neither you signed the cheque and not the account holder of the company and was not paying from his personal account
Guest
(Expert) 08 May 2011
Negotiable instrument Act, 1981 section 138 cheque bounce case.
Did you gave the blank cheque?If you haven't signed the cheque then you are not liable in cheuqe bounce case.
Adv. Vikas Surve
(Expert) 08 May 2011
As you said that you have not sign the cheque, and not in the part any transaction. Then you have to go for discharge. You file a discharge application and convience to the court that you have not involved any transaction.
Guest
(Expert) 08 May 2011
If you have not signed the cheque, there should be no reason for you to be afraid of any case. Simply you can question the petitioner to show your signature on the cheque.
Isaac Gabriel
(Expert) 08 May 2011
The persons or authorities of the company to sue or to be sued alone could be held responsible. You can get relieved if the GM(Engineering)is not to be sued.
Advocate. Arunagiri
(Expert) 08 May 2011
You are not the director of the company. You have not signed the cheque. You can not be arrayed as an accused.
The complainant has to say some allegation on you in the complaint for including your name.
What is that allegation? Based on this we can give a proper reply.
