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Case u/s138 NI filed against my previous company including me


09-Aug-2023 (In Cheque Bounce Law)
Respected Sir's, I was an employee(Designation - Senior Accountant) in a company. That time on all the purchase orders was signed by myself. Our company issued cheque to the party but cheque got bounced. The party filed a case u/s 138 in April-2021 against our company including me but i left the job in December-2020. They mentioned me as accused No.4. How an employee is responsible for paying company dues or why they are involving me. Two hearings already done but no one present from my previous company and I also not present for hearing. Now the case status is for Summon. What should i have to do in this situation??
Answers (3)

Answer #1
597 votes
You should engage a lawyer immediately and appear alongwith your lawyer and seek bail in first instance. Failing which warrants will be issued against all the accused person including you. Further better particulars are required
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Answer #2
675 votes
An offence under Section 138 of the Negotiable Instruments Act, 1881 is committed no sooner a cheque drawn by accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that the amount exceeds
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Answer #3
647 votes
Hi,

In this situation first of all it is recommended to abide by courts summon. As you are an accused person as per the complaint case I recommend you to first of all apply for bail.
Thereafter you should definitely contest the case as you have no legal obligation to pay to the complainant

For more information feel free to have a word with me.
All the best.
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