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Salil Kumar Adv   17 November 2022

138 ni act , joint bank account , only one accused signed the cheque, the other accused liable ?

dear sirs,

138 NI act offence committed by a company. company and 2 directors of the company are the  accused. company,s bank account is joint account(either or survivor). only one of the directors have signed the cheque. but both the directors have been arrayed as accused. whether the director who has not signed the cheque is liable u/s 138 NI Act ?

if not, please provide favourable citations.

using the same cheque, another police complaint has been filed u/s 420 IPC. is it possible to file 420 ipc case symultanously using the same cheque along with 138 NI Act case ?

if not possible, provide favourable citations.

 

SALIL KUMAR

ADVOCATE

 



Learning

 2 Replies

Real Soul.... (LEGAL)     18 November 2022

If the signing person was authorised signatory then all are resposnisble, however the seperate case of 420 IPC is not maintainable if the cheque was dishounered; but if the cheque was issued to commit another offence in relation to finanace the only maintaineble;

However file a writ peition to quash the FIR on the ground that  already case is filed under NIA

Salil Kumar Adv   18 November 2022

thank you sir


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