Challenging the Cognizance Order 138 NIA
Complainant A is a Director of XYZ Pvt Ltd. Claims (in his complaint as well as notice) that the Company, XYZ, signed an agreement with B (an individual) wherein B was supposed to deliver some property to XYZ for which B has taken advance from XYZ but failing in the contract B purportedly issued cheques in the name of A which bounced. Hence A filed a complaint against B.
Some facts related to the case
1. B denies having signed any such agreement. A has not attached any such agreement with his complaint but a Photocopy of the purported agreement which does not bear any signatures of B matching with the cheque signatures
2. The purported agreement as claimed by complainant is between the XYZ Pvt Ltd and B but the complaint is not filed by XYZ Pvt Ltd but A in his individual capacity
Queries
a. Is the cognizance order proper in law in the above circumstances?
b. What is the proper course for the accused? To challenge the cognizance order or to face the trial
c. In the light of the pleadings as written by A in his complaint, does the cheque issued to A constitute a “legally enforceable debt or liability” as envisaged in the NIA
