Liability Of Directors

if director was active director and responsible for the acts of company at the time of issuance of cheque.

yes depending upon when that event took place was under the supervision of the director or not.

yes, the answer is absolutely yes dear if the director was on duty at the time of issuing or signed the cheque n No, if the director was not incharge at the time of issuing of the cheque or signed

yes, it all depends on the control which the director had.

yes if the director was on duty or I. charge at the time of issuing the cheques then he is liable

A company which is merely a legal person cannot draw a cheque on its own. It requires the help of its authorized directors to conduct its day to day business and other transactions. So, if you were the director authorized in accordance with the Memorandum and Articles of Association of the company to sign the cheque and you signed it during your tenure of directorship and/or authorization then you may be made liable. Remember that mere dishonour of cheques do not make out an offence under section 138 of the N.I. Act. There are many other factors to be considered.

the director who has resigned shall be liable even after his resignation for the offences which occurred during his tenure.

yes if issued during his directorship and after resignation then not at all if you want some relevant SC judgments you can contact us. Advocate Anurag Bhatt Allahabad High Court Mobile 9198889990, 7844007007

No, the director who was not in charge of the affairs of the company in the ordinary course of the business of the company during the relevant time is not liable.

the answer is yes, if the resigned director was on duty or in charge at the time of issuing the cheques then he is liable & no, if the resigned director was not a part of that firm kr company when the same was issued, in that situation director is not liable to pay anything