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company is dissolved after filing case 138 of cheque bouncing
04-May-2023 (In Cheque Bounce Law)
X person issued cheque to Y company. X does stop payment as cheque was issued UNDER PROTEST. Y company files case U/s 138. After few months the Y company is striked off from Ministry of corporate affairs and does not exist. However still somebody claming to be Authorised representative is appearing.
Is the case maintainable as the company is dissolved?
How is the AR appearing on whose behalf ??
If the plaintiff wins the case, who is to be paid by MrX as Y company does not exist.
Please advise with case reference/citations
Criminal liability under Negotiable Instrument Act u/s 138 will be on the directors or person who were in charge of and responsible for the conduct of business at the time of commission of offence.
As per Supreme Court order, only those who were in charge of and responsible for the conduct of the business of the company at the time of commission of an offence will be liable for criminal action. If a Director was not in charge of and was not responsible for the conduct of business at the relevant time, he/she will not be liable for criminal offence. Hence, liability arises from one being in charge of and responsible for the conduct of the business at the relevant time when the offence was committed, and not on the basis of one merely holding a designation or office in a company
As per Supreme Court order, only those who were in charge of and responsible for the conduct of the business of the company at the time of commission of an offence will be liable for criminal action. If a Director was not in charge of and was not responsible for the conduct of business at the relevant time, he/she will not be liable for criminal offence. Hence, liability arises from one being in charge of and responsible for the conduct of the business at the relevant time when the offence was committed, and not on the basis of one merely holding a designation or office in a company
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Adv. Anurag Upadhyaya
Gurgaon | 25+ Answers
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