My friend owns a company where a trustworthy employee in purchase deptt. had acess to blank cheques signed by him for purchasing products. gradually he left the company and stole few cheques and presented to bank later . On knowing this the owner issued “stop payment” directive to bank. However the person filled a case under 138 NI act against the owner saying he was entitled to payment as ahe was a partner in company, but was refused, which was wrong. He had 4 cheques and filed 4 seperate cases for same
In 2 cases the decision was favourable to owner as he could not prove that he was a partner, however in 3rd case my friend has been convicted and directed to pay and 1 yr imprisonment. One case still pending. the earlier 2 cases were with one judge but this 3rd & 4th case was shifted to another judge’s court.
1. Please advise what to do, as we have to appeal against this judgement in one month.
2. Why was the earlier acquittal not considered
3. Can we appeal in high court or we have to appeal in same court.
Stating any thing without proper information in this forum at this stage of your case may harm your case take help of you lawyer who currently handling your case and yes the option is appeal before the appeallant court
the owner has different evidences like ownership rights, if any other partners are there partnership deed or while opening bank account also he may have showed that the business is self and no partners are there