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 ...
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.
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