Negotiable instrument Act 138
14-Jan-2023 (In Cheque Bounce Law)
My CA got my company a loan from some unknown person for amount 2.50lacs.Since he was unknown so I paid this money to CA in some account or some cash to close the issue. He didnt pay back back to that person who gave my company loan amount.
That unknown person named Ajay presented cheque in my company and got it bounced.
My CA bluntly refused and run with my cheques.
Ajay filed case against me which shows outstanding amount in his accounts.
In crossexamination, Ajay accepted that I am not known to him and cheque is given to him by CA.
I want to know what is probability of my winning this case.As amount is shown outstanding which CA didnt pay. I had filed police complaints also against my CA for forging my cheques.
Will I be convicted ? Ajay has produced bank statements.
Please advise.
Hello, due to incomplete information i am not able to understand your case but still i have been able to get it best possible. Kindly note down a judgment and it will help you. Please ask your learned counsel to see the citation 2007(2) RCR Criminal Page 266. In this judgment, Supreme Court has held that not all acts Every person who is a Director or employee of the company is not liable - Only such person would be held liable if at the time when offence is committed he was incharge and was responsible to the company for the conduct of the business of the company as well as the company.
Since you were not incharge at the time of issuing of cheque, this judgment may help you.
Thank You,
Rishi Raj Narang (Advocate)
Since you were not incharge at the time of issuing of cheque, this judgment may help you.
Thank You,
Rishi Raj Narang (Advocate)
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