password 03 November 2016

Section 138, with company law

I have got some cheques returned by a company, Aseem Global Ltd. I have filed case under sec 138. Judge has issued the Non-bailable warrant, but there seems to be no result. The managing director at that time, has has transferred the MD post to the Peon and Driver and not appearing in court and playing with the law. Is there anything i can do?

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3 Replies

adv.bharat @ PUNE (Lawyer) 03 November 2016

What is opinion of your lawyer?

adv.bharat @ PUNE (Lawyer) 03 November 2016

What is opinion of your lawyer?

ANUP KUMAR (AVP-LEGAL) 24 January 2017

In case of cheque bounced by the company, every director who were responsible for day to day affairs of the Company can be arrayed as Accused alongwith the signatories to the cheque.

Find out who were the directors (working) at the relevant time and signtories to the cheque. Candidly Peon and Driver would not the signatories. Further, you have not stated for what purpose this cheque was issued. It may be for discharge of certain liability under some written agreement/s which certainly has not been signed by Peon/Driver. Such official can also be arrayed as Accused.