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Anil Agrawal (Retired)     06 June 2009

Cheque bouncing

A co. filed 22 cases against another co. and one of its directors, who died during pendency of the suit. Complainant requested that another director be substitued. The request was granted. While serving summons in all 22 cases, complainant wrote in his own handwriting against dead director's name "substituted" and also wrote name and address of the new director got xerox of 22 complaints and served on the new man . The original complaint in the court record does not contain any such change. Is it manipulation of court record and forgery? Can he be proceeded for criminal action?


 1 Replies

PARTHA P BORBORA (advocate)     08 June 2009

if the cheques were issued by the deceased director for his personal capacity to pay his personal debt the case must not be proceed agaist him. but if he issued the cheques in his official capacity for and on behalf of the compamy, his sucessior ie the new director shall be the party of the case. as the former girector issued those cheques on behalf of the company. so pl consult with a local  criminal lawyer as soon as popssible.

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