U/s 138 against employee
Thirumalai Dasan K
(Querist) 09 October 2019
This query is : Resolved
Sir/Madam, I am working in a private ltd co. in Chennai and is authorised signatory for business activities except for signing cheques. A cheque for INR 12,00,000 / - signed by MD issued to a supplier in Gujarat. Before the cheque date, we paid around 6,50,000/- through NEFT. Despite this the supplier deposited the cheque and filed a case u/s 138 at Magistrate Court in Ahmadabad against me and my former purchase colleague. Kindly explain pros and cons and advise on this. Thanks in advance
SHIRISH PAWAR, 7738990900
(Expert) 09 October 2019
Dear Mr. Dasan,
As the case is filed in the court you have to appear before court and you have to fight out the case on the grounds mentioned by you.
Regards,
Thirumalai Dasan K
(Querist) 09 October 2019
Dear Sir,
Can I send a defamation notice against the petitioner and file a case.pls advise
Thirumalai Dasan K
(Querist) 09 October 2019
Dear Sir,
Can I send a defamation notice against the petitioner and file a case.pls advise
Dr J C Vashista
(Expert) 10 October 2019
1. No defamation case is maintainable in these circumstances.
2. Your company has already engaged an able, competent and intelligent lawyer, follow his/her advise.
3. What is your locus standi or concern to this query except the fact that you have posted this question as "time-pass"??
Thirumalai Dasan K
(Querist) 10 October 2019
With due respect to you, my answer is 'no'.
My concern is how a person file a case and respondent to prove innocence . Unjustified as far as I am concerned and was looking for some Advise from experts who are concerned with this issue. Thanks for your TIME
Hemant Agarwal
(Expert) 10 October 2019
1. A SC judgement has held that cheque bounce can be filed only against the Signatories of the Cheque and the then executive persons in-charge of the affairs of a Co.
2. IF you have documentary evidence that you have not allowed /authorised to sign Cheques, THEN you cannot be punished, to the exception of facing Trial and proving the same in Court, consequently to get a clean acquittal. Further you would still not be entitled to file defamation case, to the exception of seeking damages in a Civil Court, to be filed within two years of case registration date.
3. IF it can be documentarily proved that opposite party has received part payment and yet claimed full amount towards the co. liabilities, THEN the opposite party can be prosecuted for Cheating, Breach of Trust, Intimidation etc.... , via a SEPARATE private criminal case against him.
4. Point no. 3, above shall have gross bearings in the cheque bouncing case, resulting in dismissal of the cheque bounce case.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
P. Venu
(Expert) 10 October 2019
The demand notice made to the drawer of the cheque in terms of the provisions of Section 138(b) is the integral part of the criminal proceedings under Section 138 Act. What were the contents of the said letter and what is the stand taken by the Company in their response, if any, to the said demand notice?
Thirumalai Dasan K
(Querist) 10 October 2019
Dear Sir, Company already engaged an advocate. He represented us on 7.10.2019. The court asked us to appear on 22.10.2019. Petition copy not yet received. Requested the lawyer to apply with copy application. Only after getting the petition copy we would come to know the charges. I am not the cheque signing authority in the first place. More than 50% cheque amount had been paid before the cheque date. I feel bad as an individual when the court summon mentioned my name as accused (as per the petitioner). That is the reason I am thinking of sending defamation notice and filing suit. As an individual also exploring to file Quash Petition u/s 482. If I am allowed to file a case for false charges, will do. Please suggest. Thanks
NANDKUMAR B SAWANT
(Expert) 11 October 2019
Sir as per procedure of n.i.act if you get summons from said court of ahmedabad you have to appear before said court and apply for bail and furnish surety documents or submit cash security in court...once this mandatory procedure over you may file discharge application in said court mentioning facts and on grounds ,court may discharge you .good luck.n.b.sawant.advocate high court mumbai
NANDKUMAR B SAWANT
(Expert) 11 October 2019
Sir as per procedure of n.i.act if you get summons from said court of ahmedabad you have to appear before said court and apply for bail and furnish surety documents or submit cash security in court...once this mandatory procedure over you may file discharge application in said court mentioning facts and on grounds ,court may discharge you .good luck.n.b.sawant.advocate high court mumbai
krishna mohan
(Expert) 11 October 2019
Well advised by Mr.Hemant Agarwal. I may add that your company need to represent through able local lawyer where the case is filed to file counter based on facts and evidence to seek for dismissal of the case. May be you have issued the order and hence you are included as one of the parties. Moreover it is a case in your official capacity and hence more than you your company should worry to defend to dismissal of the case keeping in mind their reputation also.
