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antriksh Kumawat   22 December 2017

Ex-director signed a cheque for payment

With help of one ex-director I had withdrawn money to pay dues to my vendors on behalf of company as per their bills. My 2nd partner had give me a notice of forgery. For taking out money. Now demanding lakhs of money for compensation. Plz help me and my ex-directors As they are doing jobs and afraid of loosing job due to a legal case.


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 8 Replies

KISHAN DUTT KALASKAR (Advocate)     23 December 2017

1. Send a copy of legal notice if you have received.

2. You cannot be responsible for the amount drawn on the cheque admittedly signed by ex-director, if it was forged then it is bounded duty of bankers not to honor such cheque.

3. It appears even to date the bankers have not lodged any complaint so also another partner/director not lodged any complaint against you. 

4. It is better to obtain anticipatory bail on the basis of notice issued by the company, such bail can be obtaine even if FIR is not registered.   

1 Like

G.L.N. Prasad (Retired employee.)     23 December 2017

These may not be facts at all.

In what way 2nd partner is concerned ?

How you have utlized that amount ?

What is the role of Ex director.

antriksh Kumawat   23 December 2017

For paying company dues I used that fund. Ex-director have 0% role in company. Only we (me and my partner) didnt submit ex-director's resignation letter in bank. And ex-directors are still share holder in company.

G.L.N. Prasad (Retired employee.)     23 December 2017

I am sorry, you are confusing and complicating the simple issue.

Director is for a company.  How partners are concerned with the company matters.  Or you have a firm and appointed an employee wih Designation "Director" and have given the powers.

My partner refers to other employee who shared the plan with you ?

When the amount was paid towards company's dues where is bad motive in this ?

Director may not be functioning but the funds are never misused.

P. Venu (Advocate)     23 December 2017

Yes, complete and relevant facts have not been disclosed; there are deeper issues.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 December 2017

If one is not able to clearly and completely put forth one's case, how can one pursue any case?  Words director, partner etc are confusingly used.

antriksh Kumawat   24 December 2017

1. Company is pvt. ltd. 2. My partner is 2nd director is this case 3. Amount is used only for paying company dues Note: if you want i can share the legal notice and memorandum also...by that many confusion can be clear.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 December 2017

What you did, cannot be termed ‘forgery’. In your case a director, who was no more authorized to do so, signed a cheque. In order to term it as forgery there must be mens rea. In other words, knowingly to defraud the company, you must have obtained the signature of the director. If the expenditures were bona fide there is no case against you. If you partner says that you committed forgery, he must get you punished for forgery. Where is the question of compensation? How much did you pay under the former director’s signature? Is he claiming that amount as compensation? If at all, there is only a civil liability and no criminal liability.

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