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Shashank   09 December 2016

Ni act 138 co not made party but convicted

Two cheques of total Rs.157000/- were bounced signed by me for pvt ltd co. The notice was sent to me in personal capacity only not to the company. During the trial company was also impleaded but the complainant has said in his evidence that he has never demanded the amount from the company and never sent any notice to co. The prosecution council cited the case of Anil Hada and the court relied on it and gave a sentence of two years and 2 Lac penalty. The said order has already been overruled by Anita Hada case and our counsel had submitted the copy to the trial court also but it was not mentioned in the order. The citation clearly mentions that it is sine que for the company to be prosecuted.

Have appealed in sessions but here also DJ is pressurizing for compromise. I am even willing to pay the cheque due amount but complainant is asking other amounts also which are not related to this case, that too in front of DJ. Please suggest as the date of argument is after 15 days only.

Thanks

J Shashank



Learning

 4 Replies

adv.bharat @ PUNE (Lawyer)     10 December 2016

Shashank no need to compromise for extra amount demanded by opponent since it si not relevent to your case. They were trying to force for settlement by giving misleading statement or interpretation from the case law.

Will u appreciate this answer by giving like on my LCI profile?

Shashank   10 December 2016

Thanks Adv Bharat ji,

But now when the opponant is not ready for compromise, I am just worried about the arguement date. My query is:

1. Can Sessions Court reject my appeal when the cheque in question is not my personal but by the company and they had not made company a party nor even sent the mandatory notice?

2. The trial court have relied on an overruled judgement of anil hada which has been overruled by Anita hada and it clearly says that the making the company a part is essential.

Please guide me. thanks

 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 December 2016

Your only option would be to engage a good lawyer and go on appeal to the High Court. What way are you connected with the Company?

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     14 December 2016

Use Anita Hada case and convice the court, you are not in company capacity


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