Cheque bouncing by a company where previously held dircetorship
vivek sood
(Querist) 30 October 2014
This query is : Resolved
Dear Sir,
i was holding the post of a director in a private limited company in New Delhi during 2012-13. i resigned from that company in April 2014 but the other director did not submitted his resignation on form no 32 to the ROC and the company has closed due to non functioning and losses. the other director is absconding who was having the signing authority. now there is some case of cheque bouncing against the company. the other director is not taking any summons and he is hiding. now since my name is there in company papers as a director hence i am getting warrants. within a span of 1 month i have received tow warrants one is non bailable and one is bailable. since i ma not in Delhi and i stay outside Delhi so the warrants are coming to my parents home and the policeman threatening and asking money. kindly suggest. my holding in the company is not more than 10 shares. i had joined the company as employee but they made me director later on. i had worked there for one year and left. kindly suggest
ajay sethi
(Expert) 30 October 2014
1) was your resignation accepted?
2) does annual return filed by company reflect your resignation ?please clarify
3) if form 32 has not been filed and ROC no intimated you would continue to be liable .
4) you will have to contest case on merits and prove that you had resigned prior to issue of cheque
Rajendra K Goyal
(Expert) 30 October 2014
Since the warrants have been issued in your name, you have to take bail and defend your self in the court. Engage a local lawyer.
Advocate. Arunagiri
(Expert) 30 October 2014
You have to appear before the court and have to tell the facts. It is upto the court to accept your version and acquit you. Non appearance before the court will create suspicion on you. The court may also order for proclamation.
