Negotiable Instruments Act
Shivasurya
(Querist) 02 September 2009
This query is : Resolved
company liable to pay Rs.7,00,000/- to the complainant as per the MOU between the company and the complainant. complainant filed case u/s.138 against a director only as the alleged cheque contains his signature not included the company and other directors. But at the time of MOU, the accused in the said case is not a director of the company and he never signed in the MOU. I need relevant judgements of Supreme Court and Highcourts to save the innocent director of the company from the case.
G. Shivasurya, Advocate, Chennai
PARTHA P BORBORA
(Expert) 03 September 2009
THE DIRECTOR WHO SIGNED THE CHEQUE SHALL BE LIABLE BECAUSE THE DIRECTOR SIGNED THE MOU ACTED ON BEHALF OF THE COMPANY AND THE 2ND DIRECTOR ALSO SIGNED ON BEHALF OF THE COMPANY. SO THERE IS NO PROBLEM AT ALL.
