Legal case u/s 138, 141 against my previous company including me
2 years ago
Respected Sir's, I was an employee(Designation - Senior Accountant) in a company. That time on all the purchase orders was signed by myself. Our company issued 3 PDC cheques in Oct-20 to the party but 2 cheques got bounced in Feb-21 & Mar-21. Company paid 1 cheque amount through Net banking in Feb/Mar. The party filed a case u/s 138 & 141 in April-2021 against my previous company including me for both cheques. Liability is more than the both cheques amount. I resigned in December-2020 and joined another company in January-21. They mentioned me as accused No.4. How an employee is responsible for paying company dues or why they are involving me. Two hearings already done but no one present from my previous company and I also not present for hearing. Today I received Summon. What should I have to do in this situation??
Ankur Goel @ Complete Law Shield
Responded 2 years ago
you were employee and accountant only.
dont worry too much.
consult local lawyer for relief.
But If you do not appear before the court then the court will issue warrant against you.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
As you have received the summon, you are required to present before the court and present your side. It's suggested to contact a lawyer and present your side in front of the court and request to remove your name from the case.
Please rate if you find this advice helpful please rate.
It would be advised to contact a lawyer to represent you in the next hearing as you have received the summon. Ask him to request the court to remove you as party as you have nothing to do with cheque bounce, you were just an employee.
Thanks
Please rate if you find this advice helpful.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Lucem Leg
Responded 2 years ago
A.Dear Sir,
The employee i.e you are responsible for the acts as you have the signing authority at the time of making the payments or cheques. Whether now you have resigned from the previous company but your signatures were there. Because of that you have been made a party. If you do not appear before the court, then, the court will issue warrant against you. It was better for you if you would have not received the summons but now when you have received it, the remark has already been made that you have received the summon.
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