Legal Question in Criminal Law in India
Cr. Complaints under section 138 of NI act
Acuused is a fully owned State Govt. Company and persons arrayed are Board of Directors and Officers of the Company. The accused officers were holding rlevant position at the time os issue of post dated Cheques were not made party to the Complaints. But the officers later holding the position were made accused, as they were holding the post at the time of dishonour of alleged cheques.
2. During the pendancy of the complaints, the complainant accepted amount equal to the amount mentioned in few cheques. Can the complaints are in sustained after sucvh payments?
The Accused No.1 Company had admitted pecuniary liability and the Complainants succedded in getting decree in their favour and execution thereof are also initiated vigorously. Can they proceed both Criminal & Civil ?
There so many technical erros in the complaints. Signatory of the cheques were kept outside the purview of the Complaints. Can the complaints get dismissed ? if so what has to do?
In case the offence proved, who will be vicariously liable, being Govt. Company?
Who will be the representative of the Accused No.1 Company in terms of guilty & conviction?
The officers arrayed were discharged their duties, without an ulterior motive.
4 Answers from Attorneys
Re: Cr. Complaints under section 138 of NI act
Since matter is pending.it is necessary to examine all court papers.you consult a lawyer of your area with all details.
Re: Cr. Complaints under section 138 of NI act
the case will continue even after payments and most of the things you said will be ineffective for the case. better take personal consultation
Re: Cr. Complaints under section 138 of NI act
Facts & circumstances require study and scrutiny of documents. This forum may not be appropriate for the same.
Re: Cr. Complaints under section 138 of NI act
in this case the documents are needed to be scrutinised on the basis of the facts
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