Cheque bounce case filed and accused died after

ha21@rediffmail.com Mumbai : 9820174108

for Ravindra :


1.   A company cannot be closed without due procedures as prescribed under the Companies Act.     A company can be closed  "ONLY AFTER"   due permission from the Competent Authority (i.e. Registrar of Companies "ROC")


2.  IF the company has outstanding liabilities to the public or other persons, THEN  "ROC" does not grant permission to close the Company.  The companies balance sheet & other schedules should have a  "no liability"  amount under the various accounting heads, before filing proceedings for closeure of company.  Further IF any judicial proceedings in any court is pending, THEN too the company may not file proceedings for closeure of company.


3.  IF the company is not allowed to be closed by ROC,  proceedings under N.I.Act  "cannot be abated"  by the criminal courts.  With proper legal jugglery procedures, the assets of the company can be auctioned for recovery of the liabilities of the company.


4.   Contrary to what other members have stated above (in context to the topic) civil proceedings for recovery is not possible for recovery of vicarious liability for offences u/s 138 of the N.I.Act, IF in the event the individual accused u/s 138 has expired before conclusion of Trial.


Keep Smiling .... Hemant Agarwal

 
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Thanks for clarification. If the company is a proprietorship, will the same procedure be applied?

Regards

 
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ha21@rediffmail.com Mumbai : 9820174108

for Ravindra :

 

Under the Companies Act, there is no such thing as proprietorship company, since a company mandatorily should have atleast 2 directors.

 

Keep Smiling .... Hemant Agarwal

 
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LAWYER IN JAIPUR

You may file recovery case accourding CPC.

 
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Retired

Due process of law? I know a case where the ROC allowed a pvt ltd company to close down evne though large sums were outstanding against it. Corruption? What else?

 
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But, in a criminal case, under which provision of Cr P C, the criminal case abates after the death of accused.

 
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advocate / commissioner of oaths

Sir,

 

Your case has no options because, in criminal cases a personal action dies with the person himself. You can sue a person if any, has guaranteed for the misdeeds of the deceased litigant. 

 
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what happens when a company is ordered to be wound up by the order of high court in winding up petition will the proceeding against the comany abate on it winding up order

 
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Officer

After the death of accused criminal proceedings are abated. Civil recovery suit is the only available remedy.

 
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Dy Director

no other way                   

 
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