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Cheque bounce of dissolved company brother claiming money what to do


25-Jun-2023 (In Cheque Bounce Law)
Sir My company is a private limited company There was some conspiracy done by my real brother. He stolen my company cheque And then filled up with the amount. And then the cheque got bounced because our bank account is npa. But his firm according to all the statement accounting entry standing is only XX lac and he filled XXX lacs rupees...and he is unable to explain how to liability exist...he is only able to explain XX lac liabiliy but cheque is of XXX lacs so in this case he is trying to push me in jail...so my company is private limited company,he cant go to my personal assets and i m the director of the company How can i save from Section 138 ..my company was closed in 2012 and its still closed and bank account is already npa?
Answers (2)

Answer #1
530 votes
when cheque was issued? when company account was declared NPA ? when cheque was present for clearing?
this matter will go further after getting above mentioned detail.
if company was Pvt. ltd. you were not signed the cheque in personal capacity.
you will easily challenge it in court.
Answer #2
687 votes
First filled an FIR for 379 420,467,468,471 ipc against ur brother and as no transaction was made out with ur comp so as no specipic liability occur its a theft and forgery of cheque, investigation report wipl clear all , and there is seperate entity concept beween ur assets and comp assets so no direct claim to ur property. So far 138 NI concern proceedings of 420 and 467 showns that colour has been given for cheque bounce which will automatic dismissed. U should took step for intimation to autorities as it became evidence in case.

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