138 n. i. act
minsal
(Querist) 24 July 2013
This query is : Resolved
Sir/s,
A Company has filed a complaint against one company an its director u/s. 138 of N. I. Act. as per the order obtained from the High Court the Accused Director was exempted from personal appearance with specific direction that the Accused represented by his advocate.
the matter was kept for hearing and the complainant has filed his affidavit of evidence and was under the cross. the Accused was never present before the court and has also changed two - three advocates. now no body is appearing on behalf of Accused and accused also remaining absent hence the court has issued the NBW against the Accused (Director).
The complainant tried to execute the warrant but the accused utilised his powers and the warrant can not execute upon the accused.
Dear expert can you guide me plz. that what remedy available for the complainant against the accused Co and it's director? under what section?
ajay sethi
(Expert) 24 July 2013
company can afford legal fees . we discourage commercial queries
minsal
(Querist) 25 July 2013
Sir,
the complainant are my clients. previously they engaged one sr. advocate but he instead of taking steps against the accused helped the accused to engaged an advocate and upto four years he took the adjournments only. now the director encourage me and told me to attend the matter and contest therefore i need your help.
ajay sethi
(Expert) 25 July 2013
execute N . B . W against the director .
minsal
(Querist) 25 July 2013
Thank you Sir.
