Section 138 ni act

yes, file complaint against. but show the legally enforceable liability must and should.

Full facts are that a company enters into a contract with the help of one of its directors and promises that director to pay him commission as and when money is earned by the company under the said contract. After the company earns, it accordingly pays the commission to its director vide a cheque which gets bounced. Now in such a case can that director file a case u/s 138 NI Act against its own company and other directors. Also can such a suing director leave our the Managing Director from the purview of such criminal case u/s 138?

Looks to be theoretical question. Who is signatory to cheque ? How many directors are there ?? Why can't it be settled amicably ??

Prima facie you are also an accused as director under S.141, so how can you be complainant ??. The best defence of other directors would be that you filled up a signed cheque left with you in your capacity as director and misused the same.

Thank You Mr. Trivedi for your assistance. I guess you are right.