Ramesh 24 April 2018

138 NIA

if a "A" director issue cheques without the knowledge of other directors can other directors are liable to 138

Regard

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8 Replies

Nikunj 24 April 2018

Writen agrument

Ramesh 24 April 2018

Could you be little more explain

P. Venu (Advocate) 24 April 2018

Please post the complete facts.

Ramesh 24 April 2018

It's like promoter who is also one of the director he has issued too many cheques to vendors and they have bounced and 138 cases against all directors have been filed Other directors are not even aware of these matter some of them have resigned without the knowledge that post dated cheques are issued In such situation how other directors defend They have not delegated any power to promoter director who has signed and issued PDC Regard

Dr J C Vashista (Advocate) 25 April 2018

All the directors are liable to be prosecuted u/s 141 of the Negotiable Instruments Act. 1881.

R Trivedi (advocate.dma@gmail.com) 25 April 2018

Except the signatory director and MD/chairman (even if he is non signatory), all other directors involvement in the cheque issue process and transaction must be specified clearly in the complaint to make them accused.

R Trivedi (advocate.dma@gmail.com) 25 April 2018

See if their names appear in the body of the complaint with certain specific allegations or involvement against them.

Ramesh 25 April 2018

Trivedi ji They have just mentioned the accused names there is no mention of any reasons or any proof that accused are responsible for day today's operations etcetera

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