Legal Question in Banking Law in India

cheque bouncing Negotiable Instrement Act

I am working in State Govt.undertaking(corporation) whose 100% share capital of the Govt.Our dept. has issued Post dated cheques in march 1998 which were payable in 2001.At the time of dishonour of cheque Managing Director transferred and General Manager who has signed the cheque died.The cheques was signed by the 2 signatories. The complainaint has not made accused Who has sign the cheques. i am not a signatory nor responsible for day today affair but they have made accused. The cheque was dishonoured due to financial position of the corporation was worst.The complaintaint has also filed winding up petition and also obtained kuri warrant against which our corporation filed petition before H'ble High Court. Our corporation has deposited some money to high court.

how can we personaly liable for the same .

The court has directed me to record the plea immediately.

we earnestly request lawguru to help me and any querries in this regard may please email.


Asked on 8/12/07, 4:12 am

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: cheque bouncing Negotiable Instrement Act

so much of litigation and still not engaged a lawyer??

it is not advisable to seek advice here without any document reading. so either hire an advocate immediately or consult any of us subject to consultation charges.

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Answered on 8/12/07, 4:36 am
J. Radhakrishnan independent Practice

Re: cheque bouncing Negotiable Instrement Act

You have not said as to what is your position in the Govt.corporation. If you are in a managerial position, you have to prove that you were not in charge of the day to day conduct of the business of the corporation. if no averment is made in the complaint that you were in charge of the day to day affairs and conduct of the business of the corporation, you can seek to have you discharged by filing an application pointing out the same. If unsuccessful before the trial court,you can file a revision to the higher court. In any case you have to plead not guilty and have the assistance of a local lawyer to defend you.

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Answered on 8/12/07, 6:19 am

Re: cheque bouncing Negotiable Instrement Act

Relying on your version, it seems that you are not personally liable for cases like complaint cases u/s.138 N.I.Act.since various proceedings are pending hence it is necessary to examine the court papers so as to give any advise on subject matter.So contact with all details and papers.You may contact me on my mobile no.9873343288

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Answered on 8/12/07, 8:58 am


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