Victims 138 (teacher) 15 April 2010
adv. rajeev ( rajoo ) (practicing advocate) 15 April 2010
You have to prove that post dated cheques were issued and more over cheques didn't issue to clear the legally payable debt.
Victims 138 (teacher) 15 April 2010
Guest (Guest) 16 April 2010
To reduce the pressure on you that is coming out of Section 138 cases, you have to open several fronts against the company - (1) A complaint under Section 420 I.P.C. against the company (2) Consumer case for deficiency of service (3) civil case for non-payment of salaries (4) complaint to the company law board for cancellation of company registration etc. In addition to this, you have to take necessary steps to defend yourself in Section 138 case as suggested by my other learned frineds.
jayaveladvocate (Lawyer) 16 April 2010
I am very sorry to disagree with my friend prakash on the chances of invoking company bcoz provisions of company law is intended to administer the company rather it is not a tool to settle the private disputes against the company. But in TN the HC has held that collateral securities like this would not attract criminal action. Please look up with your advocate in your state
Victims 138 (teacher) 16 April 2010
Dear jayaveladvocate sir,
Can you please send the links of the TN High Court. We can quote it. Can the case be help void on the basis that the complaint claims different amount at different places in the complaint?
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 07 June 2010
u CAN CONTACT ME FOR UR CASE.