Legal Question in Banking Law in India
I resigned as Director of a private limited company. After my resignation cheques were issued which have bounced. A case is admitted. How do I come out of this. Do I need to file a quash petition or whether the admittace of the case itself be questioned. If a quash petition in the high court is the only remedy, then what supporting documents are required.
6 Answers from Attorneys
Approach the sessions court and submit at the relevant doc which will prove that you are were not the Director when the cheques were issued. And Sessions Court may remove your name out of this case.
u require ur resignation letter and the acceptance of the same by registrar, CLB and other relevant documents. you need to corroborate your plea that you were not incharge of business at the time offence was committed.
YES THE HIGH COURT IS THE3 ONLY REMEDY YOU HAVE TO PROVE YOUR REGENATION IN THE H.C
Following remedies r available to u
1. Straightway file a petition before high court 4 quashing d proceedings by submitting form 32 filed in office of ROC
2. File an application under section 294 crpc before trial court n produce form 32
Resignation n its acceptance
3.produce these documents during charge and trial stage
4. Kindly check d complaint it must contain averments regarding ur direct involvment in that transaction . Otherwise u can argue for discharge
Himanshu 09414410988
The best and quickest method would be filing the quashing petition before the high court with relevant documents proving that you were not the Director at the time of issuing of cheques.
if you were not a signatory and cheques were issued after your resignation you can apply for discharging you in the same trial court
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