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Director of pvt ltd company issued a cheque against the loan taken on his personal assurance which g


14-Sep-2023 (In Criminal Law)
Director of pvt ltd company issued a cheque against the loan taken on his personal assurance which got bounced upon depositing , reason stated " funds insufficient" , later came to know that the company's name mentioned on the cheque was changed much before, however he continues to be the director in the changed name company , request to understand such an offence, ipc or crpc section & course of action for recovery ,etc..
Answers (3)

Answer #1
865 votes
If it is a pvt ltd company one can also approach to NCLT. Results are far better than cheque bounce cases. Cheque bounce case can also be filed and notice can be sent to the last known address. After the cheque is bounced within one month you have to send notice to other side.
Answer #2
621 votes
if the name of the company was changed much before issuing the cheque, then it can be said that the director issuing the cheque in the name of old company had the intention to cheat by issuing a cheque which is not likely to be honoured. in such case you can prosecute the concerned director for cheating which is punishable under section 420 of the Indian penal code

also, along with the offence of cheating, since the cheque issued for a legally enforceable debt has bounced, you can prosecute the director and the company under section 138 of the negotiable instruments Act
Answer #3
610 votes
You can file complaint under section 138 of Negotiable Instrument Act. Also include section 141 of N.I Act. Even as per new amendment that came in September 2018 you will get interim relief of 20 percent of amount of cheque as per section 143 A. You can even file criminal complaint under section 420 and 406 and 34 of IPC.

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