Legal Question in Criminal Law in India

section 138 SICA

Intentionally gave the cheque so that it falls in BIFR period since he knew when BIFR order will be passed. cheque bounced after the BIFR order passed case at final stage of hearing. Accused taking protection under SICA and pleads not guilty in fact arrogant.Only excuse He was prevented from payment by BIFR order. what should be defence from my side


Asked on 11/17/06, 2:10 am

2 Answers from Attorneys
sheena VC legalalia

Re: section 138 SICA

Take the defence that he had intentionally defrauded you since he had prior knowledge that the said order will be passed.

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Answered on 11/17/06, 5:49 am

Re: section 138 SICA

dear sir,

there are judgements passed by supreme court on this point that even if the matter is going on before BIFR,prosecution u/s 138 N.I.Act can be proceeded against the directors etc.hence,in your case even if BIFR has passed the final order and matter might be forwarded to company court even then matter u/s 138 N.I.Act can be continued.you may take consultation of any competent lawyer in this regard.

In case of any other query/assistance you can cal on my mobile no.9873343288(delhi).

thanks.

siddharth

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Answered on 11/17/06, 6:43 am


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