is your name mentioned as accused in complaint filed before magistarte
2) if so summons can be issued against yoou
3) investor can file complaint against directors for cheating , criminal breach of trust in magistrate court
FD investment case can be filed as Criminal Procedure
>>My old question I am NRI one old Company matter is in Metropolitan Magistrate Court Mumbai ( under section 154 Cr. P.C) (sections 406,420,120 D) can Court pass an order for the extraction of me from my resident country abroad? >>Most answered by Advocate on panel kaanoon.com Yes, a court can extraction from my resident country abroad. >>new question 1. In extraction from my resident country abroad did they will issue any kind of notice against me as till now not a single notice have been served either I have not received any notice till now. 2. FD is unsecured finance and invested in the company, not to me I am one of the directors. Did this case of the investor can be filed in this Metropolitan Magistrate Court ( under section 154 Cr. P.C) (sections 406,420,120 D) as Criminal Procedure? For investors, there is a special court for companies all financial cases go-to company law board. 3. The high court has passed the order on FD complaint about winding up and bared directors for attended court case recovery agency have been appointed. still, Metropolitan Magistrate Court pass an order for the extraction of me from a resident country abroad?
Asked 3 years ago in Business Law
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5 Answers
1. Without issuing a notice or warrant , a magistrate court cannot proceed for the extraction , however it may be possible that you have not served due to any reason
- However, this can be a ground for canceling this direction of the court.
2. All the directors giving their services at the time of offence of cheating can be responsible
3. You can produce the direction of the High court before the Magistrate court for stay of the order of extradition.
You can challenge the order of magistrate before sessions Court.
Dear Client,
The matter you have informed about has some discrepancies in terms of the informations that you have explained above.For instance, the sections that you have stated in the facts do not quite correspond to the matter in question. There is no section 120D in either IPC or CrPC in India.Moreover, the Company Law Board has been replaced by The National Company Law Tribunal (NCLT) long back in 2002.
The liquidation of the company should qualify as a good defence if the suit by the investor financial losses caused due to performance of the company.So, it is a request that you kindly provide rectified and correct factual matrix to your matter.
Thank & Regards.
1. If you have not been informed anything about the so called extraction till this date, then it could by just a myth, don't fall prey to false rumours.
2. The offences mentioned in the FIR and charge sheet can very well be tried by the judicial magistrate court.
The special court will deal with the specific offences and not the common offences as mentioned in the charge sheet.
3. Have you a confirmed information about sending an extraction notice by the magistrate to extradite you?
what is the relevancy for the information that you have been made known.
