S. 138 of n.i. act

Jagdish (Querist) 17 October 2012 This query is : Resolved
Mr. "A" company secretary have received the legal notice U/s. 138 of Negotiable Inst. He resigned from the company. Court has issued the summons to C.S.

Now, Can "A" file the application in the court for absolving him from the liability?by saying that "A" was merely employee of the company and he was not responsible for day to day affairs of the company.

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Guest (Expert) 17 October 2012
You have not stated, how the CS was related to the dishonoured cheque of the company. Was he a signatory of the cheque?

Jagdish (Querist) 17 October 2012
No he was not authorised signatory to cheque.

Guest (Expert) 17 October 2012
In that case, he will have to appear before th court and make an application to delete his name from the case on the ground that he was neither the signatory of the cheque, nor he has been presently serving the company in any capacity, nor he has the authority to render evidence on behalf of the company without due authorisation by the Board of Directors of the company.

V R SHROFF (Expert) 17 October 2012
I Agree with Shri Dhingraji.

Can also try Quash. , in sessions , as court issued process against CS, will not set aside his own order.

Arun Kumar Bhagat (Expert) 11 November 2012
Only option is to raise these points in quashing application u/s 482 Cr.P.C to be filed in High Court only.

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S. 138 of n.i. act

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