SUJIT KR. BHATTACHARYA (Sr. Consultant) 07 June 2009
IS NI Act is applicable on an INSOLVENT who failed to pay his debts.
Zakir Hussain (Lawyer) 09 June 2009
V.S.R.Deekshitulu (B.Sc, B.L) 09 June 2009
Mr Bhattacharya r u answering Jasvinder or posing another question?
For Jasvinder, simply because in the evidence the date was wrongly mentioned is no ground to disbelieve the evidence of applicant. The notice bears the date and the court can always look at the same. A mistake can always be expalined in a court of law so also an admission. Hence the wrong mention of date in evidence is nothing to do with the court appreciating a case as a whole. Hence do not worry about the case and the mistake committed inadvertantly.
Dr. Bhattacharya, though a man is declared as an insolvent there is no sheild for him to escape from the criminal liability under Sec. 138 NI Act. a complaint is always maintainable inspite of the fact the debtor was declared as insolvent or in the process of being declared as insolvent. There are number of decision on this topic. May I of any help to you. then disclose you mail.ID and if you want copies of the same inform you mailing address