• Regarding misuse of company cheque by my partner

I am an engineer and started a pvt.ltd company with an investor with he being the director with 60% shares and me with 40% shares.The company account was operated jointly.However some months back i had given a blank cheque and asked him to pay the vendor.However he did not use the cheque and now when there were some issues in the company he misused the cheque and made it bounce by showing a payment of 2150000. I got a notice from the lawyer of the client against whom the payment was made that the company had taken a loan of 2150000 fro his client and we need to return it back within 15 days failing which legal action under Sec 138 will take place.I am very worried as there have been no transactions of this magnitude and dont know what to do.Do i face arrest?
Asked 2 years ago in Criminal Law from New Delhi, Delhi
Some points in your query need clarification. As gathered from your query as it is, your company was to make a payment to a vendor of a certain sum but your partner has given the cheque with inflated amount deliberately which has bounced ? 

First of all it is clarified that if the cheque has been issued by the company then if there is any liability your partner is equally liable in criminal case. So it can not be said that your partner has misused the cheque to your prejudice only. As far as action under section 138 NIA is concerned, primarily there are apparent lacunas and I suggest you hire a good advocate to look in to it.
H. S. Thukral
Advocate, New Delhi
519 Answers
125 Consultations
5.0 on 5.0
was cheque is dishonoured on somebody else name not on the name your partner. if it is true than your partner will also be liable. please clear all these things. for detail you may call me
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
pls keep in mind that you do not have to worry if there is no  legal liability on your behalf under 138ni act.you will have to reply the legal notice with in 15 days of receving it
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. It appears that your Company has availed loan of Rs.21.50 lakhs for the repayment of which your said blank cheque was misused,

2. Reply to the said legal notice asking for the evidence of your Company's taking so much of loan. You will come to know about the authenticity of such claim,

3. If you find that some muscief has been played against you, lodge a police complaint immediately.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
it all need personal discussion and examination of documents in order to give proper reply to the notice you have received within 15 days as time is very important. contact local lawyer for needful to be done in your interest. pls feel free to call if so desire.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
As per legal notice is is alleged that loan was taken by ur company though it is not alleged that whether any instrument was executed by your company against the taking of the loan. It  would be absurd to form an opinion that despite knowing it very well ur Company was not in a position to discharge this burden to pay loan , loan was given or advanced . You have to give reply  that neither you have issued any cheque for consideration i.e  loan amount , neither u have authorised ur Company to take loan of such magnitude. Under section 118(a) of the Negotiable Instrument Act , the Court shall presume , untill the contrary is proved that instrument was not made for consideration, either by direct evidence or by preponderance of probabilities showing that existence of consideration is improbable, doubtful and illegal.
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
4.5 on 5.0

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