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applicability of misjoinder in cheque bouncing cases

Whether a director of a private company who is not a party for the issuance of cheque by the company resort to the defence of misjoinder in a cheque bouncing case filed in criminal court?


 3 Replies

Hitesh Gupta (B.Com. LL.M.(Cri) ADVOCATE)     07 August 2010

There is no provision of joinder or misjoinder of parties under the criminal procedure code.. however, if the director is served with the notice of 138 or is involved in day to day business of the company, he can be prosecuted u/s.141 of N.I.Act as the director of company.. however, if merely non-executive/honorary director, then the cognizance order can be challenged before the High Court by way of filing quashing petition U/s.482, Cr.P.C.; after the summoned is issued/served upon such accused/director..

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Thank you for your immediate response.

Radha Pyari

SANJAY GUPTA (Advocate)     17 August 2010

if  cheque issued on bhalf of the company in that case all directors are responsible for the day to day affairs of the company in that case prosecution lies against all the directors u/s 141 n.i .act.

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