• Cheque bounce case where previously held directorship

Dear Sir,
i was holding the post of a director in a private limited company in New Delhi during 2012-13. i resigned from that company in April 2014 but the other director did not submitted my resignation on form no 32 to the ROC and the company has closed due to non functioning and losses. the other director is absconding who was having the signing authority. now there is some case of cheque bouncing against the company. the other director is not taking any summons and he is hiding. now since my name is there in company papers as a director hence i am getting warrants. within a span of 1 month i have received tow warrants one is non bailable and one is bailable. since i ma not in Delhi and i stay outside Delhi so the warrants are coming to my parents home and the policeman threatening and asking money. kindly suggest. my holding in the company is not more than 10 shares. i had joined the company as employee but they made me director later on. i had worked there for one year and left. kindly suggest
Asked 2 years ago in Business Law from New Delhi, Delhi
1) do you have any evidence that your resignation was accepted by company . 

2) was any resolution passed by board of directors accepting your resignation . 

3) if ROC has not been intimated and form 32 not filed you continue to be liable . 

4) you should  contest case on merits before trial court
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. That the resignation was not submitted to ROC by the other director does not mean that you had not resigned. If you have proof of the fact that your resignation was accepted by the board of directors in accordance with the law then you are not liable in any manner. 

2. The above issued will be addressed at a later stage in the court, but what you should lay emphasis on at this stage is that you are not arrested. Since non bailable warrants have been issued you may be arrested at any time. Immediately apply for bail so that you are not arrested. If you are arrested and produced in the court you may not get bail.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) you will have to move trial court for cancellation of NBW issued against you . 

2) contact a local lawyer where the case has been filed and make necessary application in this regard . 

3) dont pay any money to police and contest case on merits
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. The amount which you will be spending on contesting the case will be the fees of your lawyer which he alone can tell.

2. Cops will keep on extracting money from you for some time, and when the court tightens the noose around them they will arrest you. So take all the steps to safeguard yourself.

3. Cops do not refill their vehicles with petrol from out of their money. So they do travel when lured by money.

4. As advised earlier, apply for bail immediately.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
A.  first of all file application in concerned court for cancellation of NBW issued against you with the help of local lawyer.

B. also file application in magistrate court for getting bail .

C. do not pay any money to police persons.

D. fight case strongly in court with lawyer.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
The first priority is to appear before the court and apply for bail Since the offence id bailable, there is no difficulty in getting the bail. You have to get the warrant issued against you  cancelled which may involve some penalty. After you re provided copy of complaint and other documents, you contest the case on merit with the help of your lawyer. 
There are numerous grounds of defence which your lawyer would formulate.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
1. Do you have any evidence that your resignation letter was received by the Company?

2. Till your resignation is accepted, you are treated as the director of the company,

3. Was your resignation letter refused to ve accepted?

4. Was there any resolution to this effect?

5. Engagae a local lawyer to contest your case.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. If NBW has bee issued against you, you can apply for cancellation of the said NBW in the trail court,

2. Alternatively, you can surrender and avail bail on production on the same day by managing the PP,

3. Engage a lawyer having expertise and contact in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Dear Querist
First of all apear before the court and file an application for cancellation of NBW and deposit your surety and fight the case on merit, you will be win.

feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
this is bailable offence and there is no provision in law that a person against whom non bailable warrant is issued can't get bail. on the very first appearance you shall get bail, don't' worry.  right and power of director shall be decided by the memorandum of association(MOA) so in absence of MOA i can't say anything. you must appear before the court otherwise action against sec 82 (attachment) may be initiated.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0

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