• My name is dragged in case section 138-141 Negotiable Instrument Act

I am working in a Public Limited Company in Mumbai as an Operation Manager. My Company is dealing with Social Media Marketing.
Company has taken some service (SMS, Email) from a Company of Calcutta. I got a summon on before 5 days Back related to pending payment and Cheque bounce.
When I talked to my company , I came to know that My company has not paid amount of 5 CR to Calcutta Company, I am not sure the reason as why they have not paid this amount or if they have any internal dispute\conflict.

I am worried as my Name is dragged into this Matter, Here I confirm that I am not Director of Company, I don't have any company Shares on my Name. I have no communication with Calcutta Company for any deal from my Email or Mobile Number.
>What is the next Step I need to take?
>Can I take any legal action to the company for dragging my Name in this matter?
>By Law can someone make me accused because I am working in a particular company? 
> Section 138-141 Is Bailable
Asked 7 years ago in Criminal Law
Religion: Hindu

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16 Answers

You can file a quashing petition before the calcutta high court to quash your name from the case.

You can claim damages from the company for malicious prosecution against you.

No if you are not director , not signed cheques then you cannot be made accused.

Yes it is available.you will get the bail.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can file same and can pray for interim relief of stay of proceedings against you.

See there will be minimal court expenses and lawyer fee now as you understand depend on lawyer to lawyer and there experience so in my view it won't be good on my part to quote same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) are you authorised signatory? 

 

2) it is necessary to peruse allegations made in complaint filed against you to advice 

 

3) you can apply for and obtain bail 

 

4) obtain exemption from personal appearance until further orders 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

you have not mentioned whether you signed the cheque or not 

 

2) if you have signed the cheque you woukd be made an accused 

 

3) quashing is to be done only in exceptional circumstances 

 

4) legal fees vary depending upon the lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

when a company is involved in a cheque bounce case, every officer of the company who is responsible for its business, is 'deemed' to be guilty of the offense alongwith the company

that is why you have received the summons

however there is nothing to worry

you just have to prove that you have no involvement in the offense

you would have to file an application with necessary materials to show the above

this application can be filed under the proviso to sub-section 1 of section 141 which is reproduced below:

 

NEGOTIABLE INSTRUMENTS ACT, 1881 Section 141 - Offences by companies

[141. Offences by companies

(1) If the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence:

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Client,

Reply to legal notice, that cheque dose not bear your signature neither it was issued under your direction. In cheque bounce case, bail grants on first day. no issue and than your can submit your defense in court or get it quashed through HC.

Fees differ from lawyer to lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. If you are not a Director then there is no way you can be made party to the proceeding u/s 138 NI Act. 

2. Even if you are made party to the case you can get yourself quashed from this case.

3. So first take information whether you are summoned as one of the arrayed accused persons or not.. If not then there is nothing to worry.

4 if you are made party then also you do not have concern if you take the measures as advised above.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

you are advised to approach High Court to quash proceedings against you, which seems SURE as per the fcats provided by you, 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Yes you can file quashing. Bail fees depends on lawyer to lawyer as per his standing in bar. In high court it can go from 50k to 2 lakhs

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If there are sufficient reason to believe that your name has been dragged In case without any reason then you can go for  quashing the FIR under section 482 of CRPC and there are chances that you will get the FIR quashed

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

  1. As per the information mentioned in thenpresnet query, makes it clear that your name has been dragged into the matter without having any such responsibility on you apart from just a next employee tot he company, nothing more than that.
  2. Till the time no case has been filed, you can’t go for the quashing of the FIR to the extent of your involvement in the matter.
  3. But, yes you should give in writing seeking answer from the company as to why your name has been dragged into it.
  4. And then if any case comes then you should file a quashing petition to the extent of your name in it including the prayer for stating the proceedings in lower court till the final outcome of the quashing petition.
  5. Once you get the present period heard then you would not be needed to go for the bail as all proceedings will be stayed.

And for fees and everything, you can consult me through Kaanoon, if like my answer.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Yes the same is bailable and you must take the bail.

Share the content of the complaint in order to enable us to see as to why your name has been impleaded .

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If there is any chance of quashing then fee for filing the case in HC will be 25K to 40K.

If the petition is quashed by the HC then you are not required to take bail. 

Let me know if you want my team to take care of your case in Kolkatta. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. It seems that you have been summoned in a mechanical manner without proper application of judicial mind by the magistrate. 

2. If you were not directly involved in the decision making process then you could not have been summoned as an accused.

3. The remedy in your hands is to challenge the order of summoning in the Sessions Court.

4. You cannot directly approach the High Court bypassing the Sessions Court. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

 

Since you are just an employee of the company you cannot be held liable for this act or commission of offence.

Well, since you have been impleaded as a party to the case, it would be better that you obtain AB and then file a quash petition before high court for this reason.

The opponent company has made you as co-accused  for effective conduct of the trial of the cheque bounce case.

You cannot take any legal action against anyone instead you better try to come out net in this case by filing a quash case before high court.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

It is always better to obtain bail and then go for quashing of FIR before high court.

The lawyer fee for obtaining bail will depend on the lawyer who you would engage.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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