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Can case be filed over deposited security cheque
01-Jun-2023 (In Cheque Bounce Law)
I am one of Director. Can he file case against me ? One investor (In Bangalore) has deposited security cheque of 500000/- signed by two signatory directors( Me and another). Cheque is bounced because company operation was shut down six month before and company has no funds. He was informed for not to deposit this security cheque. He invested money for equity and to become director in Co. Can He file case against two directors ?
The payee of the cheque has an option to file case against not only you and another director but also against anyone whom he shows to court as involved in the day to day operations of the company.....
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Yes he can file complaint against all of you for dishonour of cheques because you have issued it further have you taken any steps such as before presenting the cheque You should have given a legal notice not to present cheque through advocate and later file a complaint against him stating facts later to publish paper paper publication narrating facts so that if cheque presented you have rebuttal presumptions for you in future and if not done all u have to keep a good advocate to get acquitted on technical ground
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Adv. Nagesh B L
Bangalore | 200+ Answers
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If the investor gave the cheque to the directors in their individual capacity, he can file a case for cheque bounce. He can also file a case against the company and being directors, you will be made party. A company can be said to be closed only if it is wound up in accordance with the Companies Act 2013 (see winding up proceedings). Till then, the company remains valid and operational.
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