138 NI ACT

Pushpendr Sharma (Querist) 14 June 2010 This query is : Resolved
In a 138 Case Cheque is signed by another director and complainant made party to another director who has not signed the cheque. Cheque is signed by one director of the company as the authorised signatory of the company who is not the party in the complaint or in the notice. Company is not the party in the complaint. What is the legal weaight of such complaint.

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Arvind Singh Chauhan (Expert) 14 June 2010
Company can not be a party in criminal matter, only director or responsible person may be.

Prakash Langalia (Expert) 14 June 2010
all director who are in charge of day to day transaction of the company responsible to see the cheque issued be realise in the bank.hence according to me if complainant joined director who has not signed the cheque may be responsible even if he has not signed the cheque.

G. ARAVINTHAN (Expert) 15 June 2010
All the persons who are directors at the time of issuance of cheque are liable for the non payment and all are to be arrayed as accused