Anil Agrawal (Retired) 22 August 2009

Sec.138

Complainant served notice to company, one director who signed the cheques (total 4 directors) and one non-director. The drawer died during trial period. Company non existent at the regd address. Out of 4 directors, two, including drawer died.

What is the position of the other two directors, who had resigned before the offence took place and who did not receive notice. They have proof that they had resigned. What about non-existence director accused in the complaint? Can he file a criminal complaint against the complainant for misusing judicial process?

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2 Replies

Deekshitulu.V.S.R (B.Sc, B.L) 23 August 2009

When drawer died then there is no point in continuing the complaint and it goes.

Directors have to prove that they are not the directors at the time of issue of cheque.

Non-director cannot be made a party to the proceedindg.

There is nothing like misuse. Seek revision and get the proceedings quashed

ghansham das (self employed engineer) 23 August 2009

Dear sirs, I hv similarity noticed in Metro Politan court, as under-

Reputed, Registred,Public limited,co, groups, / Corporte Branded, MD / CMD/ CEO/Managers/VP/President/ etc. All alive. on duty, post, in the comapny.

How to assess whether " acting or non acting, whole time/ part-time director, manager, peon, PRO / Telephone operators,wven though there are in the chair of designated officecio,respoinsible or not ?? ??

How one can say he was not incharge ?

Hw a persons as a outsider - for time being, can ask what's post, valifdity,

and also you can resign/ retire suddenly with - without intimation to happeings,under your chair/ chairmanship??

In law it should be absolute terms clerity that its the rresposibility of the person to rprove the innocence, guilty not ?

For eg. A person who is seating on the chair of Jc/ Metro politan magistrate, or justice, Hw a client can ask to show your I card, Validity for, appointed for valid or invalid ??? etc.

Nut shall its all the board of directors, live, died, resigned,onm chair must be answerable and ounishable.