Name involved in company case where I invested 1 lakh

I stay in Mumbai and have invested Rs 1 Lac in a Pvt Ltd Company which is located in Ahemdabad, Gujarat. Now the Situation is that I have cancelled my agreement with them as they did not pay me interest and principal in EMI which they committed for. They have sent me a PDC check on my name which is of 15/02/2016. There are more then 25 people from all over India who are been cheated and now they are Stucked. Cops don't co-operate and refuse to file a complaint. Gujarat Cops sit and have Tea with the Owner of the Company. I am worried that they may wind up the company before I deposit the chq.

Answers (2)

307 votes

As the Hon'ble Supreme Court has held in the case of Pankaj Mehra and Anr. v. State of Maharashtra and Ors. 2000 Crl.L.J 1781 (SC), the liability of the company as well as Directors under Sections 138 and 141 of the Negotiable Instruments Act would remain if the cheque is presented after the winding up petition is filed and is pending but the orders of winding up have not been passed.
Thus, in your case, even if the Company decides to file winding up petition before 15/02/2016, your complaint for dishonour of cheque against the company and the directors is still maintainable. Even if the company is wound up during pendency of the complaint for dishonour of cheque, the complaint against the Directors will still continue.

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61 votes

Please immediately deposit the cheque and if it is cleared then you are safe.

In case the cheque is dishonoured then file criminal complaint against the company in Mumbai.

Also please gather the details of all uch duped investors and then file joint complaint against the company for police action.

You and other duped investors will also have to be ready for legal cases in case the company still does not repays your money.

Hope this helps !

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