Company matter

Nairita Datta Chowdhury (Querist) 12 September 2013 This query is : Resolved
A person was made a director in a company on 12th May 2012 and removed from the directorship on 10th August 2012. The company had taken a loan in the year 2010 and repayment was continuing. During his presence of 89 Days the loan papers were renewed. Company has defauleted on payment of the loan in 2013 (a year after he ceased to be the director.) Bank has filed suit in Calcutta Megistrate Court and the person have received summon from the court.
Now what is the remedy I can suggest to that person....

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Devajyoti Barman (Expert) 12 September 2013
You did not mention the nature of the case.
I believe it is u/s 138 NI Act.
If the director was not directly involved the management of the company and the demand notice for payment of debt has been sent after his resignation , he can file petition for his discharge from the said prosecution.