138 n.i.act

Querist : Anonymous (Querist) 29 January 2012 This query is : Resolved
1. I have filed a 138 cheque bouncing against a pvt. ltd. company which has 2 directors i.e A and B. Director B is abconding since 2 years and I have splited the case so i can proceed the case. Then does the liability of director A becomes half or is full.

2. I have traced the Director B, and is ready for settlement but A does not want to settle. If suppose I do settlement with director B out of court. what is the liablity of A, can I continue the case with A.

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DEFENSE ADVOCATE.-firmaction@g (Expert) 29 January 2012
SETTLE whatever you can get and finish the case since it is bottomless pit.

ajay sethi (Expert) 29 January 2012
how much is B willing to pay . ? you will have to inform the court that on behalf of company B has made payment .

you cna proceed against A as offence has been committed on failure on part of company to make payment within stipulated period .

try to pressurise B to make full payment of cheque involved and then withdraw the case

Arun Kumar Bhagat (Expert) 29 January 2012
The Company and A are fully liable to be punished.Payment of money during pendency of case does not absolve the accused from criminal prosecution. It is the verdict of Supreme Court passed in 2000.

Raj Kumar Makkad (Expert) 29 January 2012
Nothing left to be added in the wise advice of the experts.

prabhakar singh (Expert) 29 January 2012
really said mr.makkad.

V R SHROFF (Expert) 29 January 2012
Collect whatever paid by present Director,
continue case.Wait & watch.

Devajyoti Barman (Expert) 29 January 2012
A Director can settle the case only if the Board after validly passed resolution authorise him to do so.

If the willing Director does not have support of Board Resolution then do not go for settlement.

Shonee Kapoor (Expert) 30 January 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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