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pawan (director)     12 October 2013

Ni138 summon issued to resigned director

M/M ISSUED SUMMON TO DIRECTOR WHO HAS RESIGNED BEFORE CHEQUE WAS ISSUED. HOW CAN ACCUSED DIRECTOR CANCEL QUASHING OF SUMMON . SAME COURT OR HIGH COURT .



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 13 Replies

T. Kalaiselvan, Advocate (Advocate)     12 October 2013

quashing of the case can be taken up with high court only.  Ask the director to produce all the papers related to his quitting the company even before the cheque was issued before the high court and seek for the respite.

pawan (director)     12 October 2013

THANX IT MEANS IN NO WAY M.M. CAN QUASH THIS

Harshal Damania (Legal Executive)     12 October 2013

Retired Director not liable in this case. Need to prove that Form No, 32 filed with registrar of companies before the commencement of transaction. And if proved, complaint can be quashed against the said director.

pawan (director)     12 October 2013

Form 32 is available but who will quash the proceedings M.M court or high court as MM has issued summon and bail has to be taken. any citations to support this

R Trivedi (advocate.dma@gmail.com)     12 October 2013

1. Best is approach HC under S.482 for quash, if you have form 32 (that is incontrovertible evidence) then HC will quash.

 

2. alternatively approach revision court seeking quash of summoning order on account of above under S.397/401. CrPC. You may have to do lot of explaining.

 

There is a disturbing order by SC in the matter of Adalat Prasad, which bars trial court in quashing the summoning order even if there is glaring mistake in the same, for this SC ruled that the accused must approach SC under S.482 for quash. There are couple of orders of various HCs after this order of SC which indicates that even the revisions court (session) has the power to quash summoning order. Ideally in such circumstances trial magistrate should send the reference to session court for quash, instead of accused approaching HC. If you do not take action now, you will suffer for years, so act.

R Trivedi (advocate.dma@gmail.com)     12 October 2013

HC under S.482 (incorrectly written as SC under S.482)...

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 October 2013

Dear Querist

you can file a discharge application before MM COURT RELATED TO THIS DIRECTOR, the mm court have power to discharge the same. no need to go before HC FIRST TRY TO FILE THE SAME BEFORE MM.

pawan (director)     13 October 2013

I am not  a law expert but getting so many views on one point cant decide which is best HC or MM court

Advocate Bhartesh goyal (advocate)     13 October 2013

It will be better for you to approach High Court for quash u/s 482 of Cr.P.C

M ShivaKumar (Deputy Manager)     15 October 2013

Hi best thing is to approach high court as you can expect speedy disposal.

M ShivaKumar (Deputy Manager)     15 October 2013

Hi best thing is to approach high court as you can expect speedy disposal.

Basavaraj (Asst, Manager-Legal)     17 October 2013

High court has full power to quash or discharge such retreid director name in the case proceedings 

NPKailaasam (ADVOCATE & Management Consultant)     19 October 2013

Go to HC  and it is better in this matter


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