LawRato

Discharge Application by Accused being Non-executive Directors


23-Jan-2025 (In Cheque Bounce Law)
I have been a party in cheque bouncing case, I was a Non-Executive/ Independent Director in the accused Company, I was neither the promoter, nor the signatory, but I was Non-executive Director ..... I was a salaried person in other organization at the relevant time. The Legal Notice & summon were not served to me but all were served in my name at the Company's factory. I had taken bail but matter is pending since last 10 years more. Can I file discharge petition under BNSS ? Pl advice.
Answers (4)

Answer #1
733 votes
Dear Client based on your question, Yes you can file for a discharge petition which should certify certain proofs that you were not involved in the company's day to day operations or decision making at the relevant time. And a few other things also need to be mentioned. This needs a detailed discussion for further information regarding your issue you can feel free to contact us .
Helpful? LawRato LawRato
Answer #2
987 votes
You can file a discharge petition , citing no role in cheque issuance, non-executive status, and lack of involvement , non signatory -per NI Act Sec. 141. Highlight improper notice service and 10-year trial delay.
Helpful? LawRato LawRato
Answer #3
760 votes
The proceeding under Sec 138 of Negotiable Instruments Act are summary in nature. Thus, discharge application is not tenable in the present proceeding either as CrPc or BNSS. I assume that charges have not been framed by the trial court Available remedy will be filing of revision application thereby challenging the order of issue process. Or you can directly approach HC in writ jurisdiction by filing for quashing.
Helpful? LawRato LawRato
Answer #4
711 votes
Well, you can file the Discharge Petition, if the evidences are in your favor. I need to analyse the evidences in detail and then a legal opinion can be given to you, whether you file the Discharge Application or not!
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."