Require inputs-cheque bounce not passed in board resolution.


Case of Sec 138 is filed for cheque bouncing of a Pvt Ltd Company.Case is filed against 2 directors who have signed the cheques and also on the pvt ltd company. 

The accused lawyer has put the point in front of court that for plea recording the directors can go for plea recording invidually but won't go for plea recording on behalf of the company as nothing was passsed in board resolution that  in case of cheque bounce these directors would be liable on behalf of the company.Also there is no law which says that if board of resolution doesn't give authority to any director then it would be deemed that Directors who have signed the cheques would be considered as the Authority since its not passed in Board resolution.

Also now the company is defunct and liquidated so Directors have no say since their liablility was limited to the extent of company. 

 
Reply   
 
advocate/director

Whether the company is liquidated or not that is all secondary.

primarily when the chequewas issued the company was full fledged functional n whether resolution was resolved or not the said directors are liable for mere issuance of cheques to the complainant which shows the company's liability towards the complsinant.

SOLOMON RAJ
Advocate High Courts ofAp &TS
Bhrat Gaurav samman Awardee.
ph.9866545086
Email. justiceleague367@yahoo.com
 
Reply   
 



Dear & Respected Solomon Sir, I highly appreciate your efforts as you took time of your busy schedule to provide me your prestigious inputs which I will surely keep in front of the court.Also it would be of great help sir if you can provide me a copy of any such judgement or any case for reference which was held on the same point where I am held.once again thank you sir. Regards Dixit Shah.
 
Reply   
 

Dear & Respected Solomon Sir, I highly appreciate your efforts as you took time of your busy schedule to provide me your prestigious inputs which I will surely keep in front of the court.Also it would be of great help sir if you can provide me a copy of any such judgement or any case for reference which was held on the same point where I am held.once again thank you sir. Regards Dixit Shah.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu