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Director issued a cheque against loan which got bounced
14-Sep-2023 (In Criminal Law)
Director of pvt ltd company issued a cheque against the loan which got bounced upon depositing , reason stated " funds insufficient" , later came to know that the company's name was changed much before, however he continues to be the director in the changed name company , request to understand such an offence & course of action...
It is immaterial whether the name is that of old company or new company.
Mere change of name of company does not alter or change the company or its executive functionaries.
The liability of the company would remain same. The director is also the same in your case so the change in name of company is immaterial
If they have deliberately issued cheques in name of former company then there might be a possibility that they had intended to mislead/misguide you. If that is the case it might be possible to lodge an FIR for cheating under Section 420 of the Indian Penal Code 1860.
However your immediate recourse must be Section 138 and 141 of Negotiable Instruments Act.
Mere change of name of company does not alter or change the company or its executive functionaries.
The liability of the company would remain same. The director is also the same in your case so the change in name of company is immaterial
If they have deliberately issued cheques in name of former company then there might be a possibility that they had intended to mislead/misguide you. If that is the case it might be possible to lodge an FIR for cheating under Section 420 of the Indian Penal Code 1860.
However your immediate recourse must be Section 138 and 141 of Negotiable Instruments Act.
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Adv. Mrinalika Devarapalli
Mumbai | 25+ Answers
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