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Cheques of company bounced can we proceed for company liquidation
29-Sep-2023 (In Cheque Bounce Law)
Sir, i am working as a commission agent(kaccha arthia) in ladwa ,district kurukshetra,haryana. I sold paddy 2 years back in 2014-15 ,worth rs 12 lakh to a limited company at delhi thru there purchaser at ladwa . ltd company issued three cheques of 4 lakh each 8july2016 (2 cheques of corporation bank dishonoured b'cos of insufficent funds memo & 1 of icici b'cos of a/c blocked due to NPA declared by bank note- my chq date is 28july and in may a cheque was bounced due to insufficent funds when i checked the company's a/c at bank,they have issued a cheque after a previous chq had dishonored due to insufficient funds as it shows there fraudlent intention) what are the remedies, is there any remedity from The National Company Law Tribunal side as we are creditors and can proceed for company liquidation?
You should file a police complaint as sell as a complaint u/s 138 of the Negotiable Instrument Act 1882. You must take help of a good lawyer. You , being a creditor can also move an application the National company Law Tribunal for the liquidation of the company after you succeed in your chqeue bounce case.
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Adv. Harish Chandra Yati
Noida | 100+ Answers
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1. If the liability is an admitted one , you may file winding up petition before concerned High Court under Section 433 of The Companies Act. 1956.
2. You may prefer filing a summary suit /recovery suit against the company.
3. Statutory legal notice can be sent within 30 (Thirty) days from the date of the receipt of the cheque return memo and thereafter, if the payment is not made within 15 (Fifteen) days', case can be filed before concerned Metropolitan Magistrate.
4. A complaint of cheating can be filed with Police Authority.
5 Or, a pvt. Criminal Complaint for cheating can be filed against the Company before the concerned Magistrate.
2. You may prefer filing a summary suit /recovery suit against the company.
3. Statutory legal notice can be sent within 30 (Thirty) days from the date of the receipt of the cheque return memo and thereafter, if the payment is not made within 15 (Fifteen) days', case can be filed before concerned Metropolitan Magistrate.
4. A complaint of cheating can be filed with Police Authority.
5 Or, a pvt. Criminal Complaint for cheating can be filed against the Company before the concerned Magistrate.
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Adv. Urfee Haider
Delhi | 200+ Answers
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