Rajen 05 July 2022

Case under section 138 of ni act.

All the respected lawyers,

A case under NI act filed against me at vasai, maharashtra. Brief background of the case is as below:

I was a director of private limited company, company has issued a cheque which returned due to insufficient balance from bank. I have already resigned from the said company before issuing the cheque after completing all the formalities as per company act.

what should I do next?

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 05 July 2022

As per the Supreme Court order, only those who were in charge of and responsible for the conduct of the business of the company at the time of the commission of an offence will be liable for criminal action.

Advocate Bhartesh goyal (advocate) 05 July 2022

As you have already resigned from company before issuing cheque and were not involved in companies buisiness after resignation so you can not be held liable for the offence of cheque bounce.File petition before H. C to quash complaint against you.

SHIRISH PAWAR, 7738990900 (Advocate) 05 July 2022

Hello,

Yes, only the person in charge of and responsible for the conduct of the business of the company at the relevant time will be liable to be prosecuted u/s. 138 of Negotiable Instruments act. You may file the quashing petition in High Court or you can defend the case before the same court. You can bring this point to the notice of the court and get the acquittal from the court.