Jammu
Querist :
Anonymous
(Querist) 15 November 2022
This query is : Resolved
A Complaint Under Section 138 of the Negotiable Instruments Act,1881 had been filed in year 2020 against 8 accused. Now, in year 2022, 2 of those 8 accused, who were director of the same company (i.e., company A) filed a petition in higher court claiming that the company was non-existent in the year 2020 as the company has been already amalgamated with Company B in 2016 as per the order of High Court.
But the company’s status on MCA was still ‘Active’ even in year 2021.
(i) How will this amalgamation affect our case and how will you defend the company A?
(ii) Are we a bona fide complainant or the accused? Give reasons.
(iii) What is the time limit for seizing the operations of the company after amalgamation.
Advocate Bhartesh goyal
(Expert) 20 November 2022
Amalgamation of company "A" will not make any impact/effect on your N.I.Act case . Company and it's directors are vicariously liable for the offence committed u/secs 138 & 141 N.I.Act. Various judgments of S.C has held that at the time of committing of offence ,directors who were incharge of conducting business of company are vicariously liable for committing of offence u/sec 138 & 141 N.I.Act.
