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.
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 .
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.
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.
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