Cheque bounce & liquidation of a company

26 views but no reply. Is it difficult question

The cheque bounce cases are for punishment and not for recovery of money.

If the DIRECTORS against whom the cases are filed can show that at the time of issue of cheque that particular person was not responsible than only case will be dismissed otherwise not.

Well there is a fixed way in which the money gets disbursed in case of a winding up...

It is the responsibility of the liquidator to follow the rule....Secured creditors are put first, charge holders and so on and then are unsecured creditors.....

Has the company gone insolvent?...Put a claim for you money to the liquidator, might help!...

 WHO SAYS   ????  "The company says as per the order of High Court Directors are no more directors of a company."

Regards

Chetan(dot)7679(at)gmail(dot)com

Thanks for reply.

If company is under liquidation can the case of 420 or for that matter any case related to money be file against it.

About diretors - company showed notice issued by liquidator appointed by high court which mentions ex in front of directors name

What was the position at the time of issue of cheque will be relevant in criminal cases , subsquent developements will have no bearing.

For cheque bounce NI 138 and also IPC cheating and breach of trust can be filed however it will depend on the adovcate to frame proper pleadings.

In short when cheque was issued the co was in existance and it was liquidated later so criminal actioms are maintainable.

ONLY AN EXPERT DEFENSE ADVOCATE CAN WRINGLE OUT FROM THIS PROBLEM BY TAKING BENEFIT OF LAPSES IN FILING COMPLAINT.

Dear Mr. Yogeshwar,

Thanks for your valuable reply.

Regards,

Shrinkar