please advice regdarding transfer of cases from different courts to one court
Siddesh
(Querist) 21 December 2014
This query is : Resolved
dear sir, i was the managing director of A company AGRICULTURE (DAIRY , SHEEP FARM, PIGGERY AND POULTRY) based pvt ltd company and my wife also Director, which is now not doing any transactions due to the criminal cases filed by LIVE STOCK investors under IPC 406 AND 420 last few years back. I had issued few 7-8 cheques PDC to live stock investors(different places) to all are returned for reason ''insufficient funds'' and attending cases since 2-3 years. pls provide me solutions. some cases already evidence done and 2 cases given transfer to my bank jurisdiction court. 1. any possible 138 ni act cases transferring to single court? 2. any possible to close the criminal case filed against me as the companies activity closed under reason of agri based project loss due to insufficient rain, scarcity of fodder and lac of proper management as i am attending court cases in different places. help me in this regard, Thanking you sir, yours truly, ABC
Isaac Gabriel
(Expert) 21 December 2014
Closure of company is no excuse for the dishonour of cheque.You have to explore other possibilities to make good the amounts and try to settle out of court.
Devajyoti Barman
(Expert) 21 December 2014
Jurisdiction for 138 NI Act cases is where the drawee bank situates.
If not then cases can be transferred provided evidence has not started.
ajay sethi
(Expert) 21 December 2014
once your cheque have been dishonoured you would be liable merely because company has closed business is no ground for closure of cases . cases wherein evidence has started wont be transferred
Rajendra K Goyal
(Expert) 21 December 2014
1. Cases are to be filed / proceeded where the drawee bank situates.
2. Criminal cases has to be defended on merits.
Siddesh
(Querist) 22 December 2014
Dear sir,
Closed means not shutdown the company, presently transactions closed due to operations.
V R SHROFF
(Expert) 22 December 2014
Defend, and keep good adv, as u can afford.
Commercial Query
Siddesh
(Querist) 23 December 2014
Sir pls provide me solution
T. Kalaiselvan, Advocate
(Expert) 26 December 2014
You have to fulfill the liability, your situation is no ground for any excuse to get free from the liability of payment you are due to the creditors. Consult your lawyer and discuss the steps for mitigating the problems.
(Expert) 23 December 2014
