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Anil Agrawal (Retired)     13 February 2009

NI Act

If out of 4 directors summons are deliberately served only on two, can trial go on or will it be vitiated? If the amount claimed is 36000 only and one of the accused is a company besides 4 directors, how the quantum of punishment be decided? Summons has not been served on the other two directors for the last 10 years nor any hearing has taken place. Mera Bharat Mahaan.


Learning

 8 Replies

A V Vishal (Advocate)     13 February 2009

Amazing a case under NI Act for the past 10 years!!!! God Save the Country

AEJAZ AHMED (Legal Consultant/Lawyer)     14 February 2009

MR. ANIL,


If the situation is such, as said by you.


Then, ' Who are you in this matter ? '


Whoever you may be;  either Complainant OR Accused on whome summons of the Court served,  you can file a "Criminal Petition" before the Hon'ble High  to seek favourable order either for ' Speedy Trial'  or for any suitable direction to the concerned magistrate and police department to serve the notices on other accused.  

Anil Agrawal (Retired)     14 February 2009

 The little problem is that there is no God. Those who are sitting on the chair are the God be they Magistrate or MP or MLA or bureaucrats. No body will save this country which is slowly but surely going to dogs. The cancer has engulfed the whole system - nothing is left to cut and save anything.

Nitin (student)     14 February 2009

Dear Sir, as explained by you that out of 4 only 2 parties have been served as of now. I would recommend that you must proceed with by deleting the names of the other 2 directors. However if you think that those 2 directors are important to your case then you must take dasti summons and serve the same with the held of public authorities. This will atleast ensure that pressure is put on parties. 


Further as already recommended you may also file a petition in the High court for directions to the magistrate to proceed with the matter. 

Ravi Arora (Advocate)     14 February 2009

Mr. Anil we are here to discuss Legal points.


No body knows where is GOD. But what ever is going on,


It is because of   us only


It is right or wrong we are responsible  


And what brother Aejaz Amhed said is absolutely right


 

Ravi Arora (Advocate)     14 February 2009

Mr. Anil we are here to discuss Legal points.


No body knows where is GOD. But what ever is going on,


It is because of   us only


It is right or wrong we are responsible  


And what brother Aejaz Amhed said is absolutely right


 

devedra prasad (professional)     15 February 2009

case filed against 4 accused including 1 company. the main director , out of 3, has now filed for exemption on the ground that he has resigned earlier. the home made ltd company consisting of  father , son & son-in-law . father submitted resigation in 1/1995, which was filed in the o/o Company Registrar  after 3 years , late fine was deposited and information for resignation was submitted in the o/o COMPANY registrar. 


will it be acceptable , when it has been objected?


D. Prasad

devedra prasad (professional)     15 February 2009

ps


the has been lingering for last over 10 years.


none of the acused have appeared so far.


devendra prasad


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