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nov1943   21 May 2018

Ni act 138

a pvt ltd company director issued a cheque which was dishonoured due to insufficient funds. After issuing legal notices under NI Act to the Company and its director who signed the cheque, a case was lodged in the Special Court for NI Act related matters. While the case is still in hearing, the Director who signed the cheque has expired. There is another Director of the company who was not made an accused, but now since the Director made an accused by his name has expired, can the honourable court be requested to make the other director an accused in this case now? Next hearing in the case is falling in coming 15 days!


 2 Replies

Yukta Garg   01 June 2018

Dear sir, Thankyou for putting forth this query with us.
We know that company has perpetual succession and doesnt end with the death of one member be it director or shareholder. So, as it is in the name of director, death of one wouldnt disturb the status quo. So, please carry on with the case , now the accused will be another Director.

Also simultaneously file a summary suit under Order 37 for recovery of money.  That is a sure way to recover the money.  
Goodluck with your case. Best wishes!


SUNIL kumar (5000)     02 June 2018

dont worry the person who will become new director will have to face the trial

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