Section 138 ni act
jastej singh
(Querist) 01 August 2012
This query is : Resolved
Can a director file a complaint u/s 138 NI Act against his own company and other directors.
ajay sethi
(Expert) 01 August 2012
whyat are the facts of the case? has copmpany wherein you are a director issued cheque in discharge of debt due and payable ?
if so you can file complaint
V R SHROFF
(Expert) 01 August 2012
be clear on your FACTS. What is the transaction?? who paid whom for what?
jastej singh
(Querist) 01 August 2012
A company enters into a contract with the help of one of its directors and promises that director to pay him commission as and when money is earned by the company under the said contract. After the company earns, it accordingly pays the commission to its director vide a cheque which gets bounced. Now in such a case can that director file a case u/s 138 NI Act against its own company and other directors. Also can such a suing director leave our the Managing Director from the purview of such criminal case u/s 138?
ajay sethi
(Expert) 01 August 2012
a Managing director is in charge of day to day management . he would be responsible for company acts .
who has signed the cheques for and on behalfof company?
R.K Nanda
(Expert) 01 August 2012
State full facts.
jastej singh
(Querist) 01 August 2012
There is just one MD and 3 directors. The cheque was drawn in favor of my director and was not signed by MD. One out of the other two directors had signed it.
V R SHROFF
(Expert) 01 August 2012
how do other director explain?? no fund in Co.bank a/c? do not want to pay & stop payment instn?? ??
It is indoor management, and must be settled indoor.
