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ramjishyamji (consultant)     26 May 2010

N I Act 138 Directors liability

I urgently need following but unable to get Request to provide case law for following judgement.I Need it urgently. thanking in advance

 Negotiable Instruments Act, 1881, S.138 - Company - Complaint against company and its Directors - Directors signing the cheque - They cannot escape their liability on the ground that they resigned after signing the cheque but before the cheques were deposited in the bank. (M/s.Sumida International Pvt. Ltd. & Ors. Vs M/s.Rama Vision Limited) 2007(4) Criminal Court Cases 494 (Delhi)

 



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 6 Replies

Anil Agrawal (Retired)     26 May 2010

Name of the party not found. Please check again.

Anil Agrawal (Retired)     26 May 2010

What is the date of offence? The date of the cheque or when the date of the notice period is over?

ramjishyamji (consultant)     27 May 2010

thanks for your response,unfortunately I do not have any furthur details of the above case.Deatails of this case was posted by one of the honurable members of this forum

ramjishyamji (consultant)     27 May 2010

I am complaintant.Managing director issued cheques and resigned after issuing the cheque but before the the cheque date. They want to escape  their defence though they were incharge on the date of issue of the cheque and looking after co. affairs. On the date cheque presented and returned (Same as cheque date as cheques were issued post dated ) they were no longer directors on that and managing co. hence not responsible.Cheque has been signed by accused as chairman and managing Director of the co.Thanking you in advance

Anil Agrawal (Retired)     27 May 2010

Offence takes place when the payment is not made after the expiry of the notice period. The rest is immaterial.

ghansham das (self employed engineer)     27 May 2010

Dear All Experts of Lawer's Club,

A Corp[orate issued cheque for Rs.25 lacs,  against acertained legal debt-liability,   BUT Made to Dishonour Dishonostly nowingly, with a hatched-planned senario. The company doest not give refunds, interest, paymments,etc, dues, claimes, but also sold out its assets, Properties, to third person,??The co. is involved in unfair practice, also many others money is also not paid. This is happeing in Delhi, Colcutta,metropolies.

How  & now  

 1-   A  'WARRANT- NBW ' can be issued to make involved all the directors, on  board at that time , along with all signatories, and heads of responsible persons,

2- District court is in favour of company, wants to nulify the issue in lingering on process,

how  NBW / Warrant can be issued if some of the people had never remained present in courts, and also Willingly deposited the money  but under protest?  The company  also filling wrong affidavits, vakalatnama, in one court, but not at district court,? District court magistrate favours / act with partiality.

 

How a criminal  procedings can be taken out to book all directors,on board, what is the proccedure difference in criminal law proccedings, criminla manual etc.pls guide. its urgent.


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