Legal Question in Criminal Law in India

Sir,

I am a director of a company.One of the director issued a cheque for a supplier dt. 5.4.2009.But the cheque got bounced as the company was under loss and was also subsequently put under SARFESi act by the bank and the bank had sld all the properties and assets of the company and recovered their due.

In the meantime the director who had signed the cheque had taken a digital signature from me and filed with ROC as that he has resigned the company as of 1st April 2009 which was not known to me

.Now there only 2 people left in the company one is the M.D and me as another director.Now the case for cheque bouncng has been filed by that company whch is yet to come.

Would i be liable for that?As i was not aware of the cheque issued and by fooling me they have taken my digital signature and filed the resignation back dated before the cheque bounce.Now what would be fate of the case and any liablility would be on my part


Asked on 11/30/10, 8:30 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you will be arrayed as an accused and you may take the defence that you were ignorant about hte transactions and your signatures were obtained under misrepresentation.

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Answered on 11/30/10, 10:23 pm


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