Sir I'm doing private job in Delhi company authorized me a authority for signing the checque a cheque of rs 30000/- issue by me without date and we have stopped the payment of cheque due to some reason as given order by company proprietor. the party filled the complained at police station for case of cheating pls advise me that I am also liable for any punishment and what I have do
Asked 2 years ago in Criminal Law from Dwarka n delhi, Delhi
1. You have issued the said cheque being authorised and instructed by the owner of your Company,
2. You should collect the said authority letter copy of which was given to the Bank also for honouring your signature,
3. After that contest the case stating that you have acted as per instruction of the owners and can not be personally sued,
4. Your Company should contest the case fittingly if it has any reason for dishonouring the said cheque.
If possible also collect evidence of your owner's instruction upon you to dishonour the said cheque on some ground.
For stop payment instructions no case can be instituted on a police report. The only remedy for the payee or holder in due course is to file a cheque bounce complaint against the drawer. You are not liable for any punishment as you acted on behalf of the company.
You can be safe if you prove that due to the instructions of the employer the cheque got stopped.
He will be liable,
Advocate, New Delhi
You wre company's authorised signatory and not the boss or MD, hence it is the botheration of the owner of the company and not you.
If there is a cheque case directly on you then the company is also saved.
In the meantime you may secure all the evidences favoring you.