LawRato

Cheque was issued in the name of old firm got dishonoured


14-Sep-2023 (In Criminal Law)
Company Director issued a cheque which was deposited & got dishonoured stating " funds insufficient" , later came to know that the company name was changed much before. Whether it is a criminal offence to issue such cheques ...
Answers (2)

Answer #1
810 votes
Yes, it's a Criminal Offence to issue such cheques. You can file a case under Sec 420 of IPC and Sec 138 of Negotiable Instruments Act. Issuing a cheque in the name of a Company, when it has already got its name changed shows malicious intent on the part of the director and he could be held liable for it. However, exceptions and defences for the Director exist too.
Helpful? LawRato LawRato
Answer #2
525 votes
Yes.
If is an offence.
Please initiate appropriate action under Secion 138 and 141 of the Negotiable Instruments Act.
This provision is triable by a Magistrate under the provisions of Code of Criminal Procedure, 1973.
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."