Legal Question in Criminal Law in India
Section 138 NI Act
If a company has been wound up by the High Court, can the 138 NI Act cases against the directors be redirected to the Official Liquidator?
7 Answers from Attorneys
Re: Section 138 NI Act
Complaint needs to be filed against company and the authorised signatories the court will do the rest.
Re: Section 138 NI Act
You can file 138 NI act cases against the person who has signed the cheque (he may be the director of the company)
Re: Section 138 NI Act
Criminal case is always is lodged against the guilty person. So far its realization is concerned, it may be re-directed toward Official Liquidator.
Re: Section 138 NI Act
No
Re: Section 138 NI Act
In my opinion the director's liability may not be wiped out even by winding up of the company and he may still be responsible for the consequences.
Re: Section 138 NI Act
No.
Re: Section 138 NI Act
no, this being a criminal offence, the directors would be liable to pay the amount even if the company has wound up. all the directors would be jointly and severally liable for this offence.
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