Status of directorship of retired director who issued fraudulent cheque have to be tested at trial

Maj. Surendra Kumar Hooda (retd.) Vs Kapil Gupta (Delhi High Court)

Status of directorship of retired director who issued fraudulent cheque have to be tested at trial

Hon’ble Delhi High Court held that, the correctness of the allegations against the Director who has already resigned on the date of presentation of postdated cheques issued by the Director of the Company for exercising Buy Back Option which were returned unpaid have to be tested at trial.

Facts:

Major Surendra Kumar Hooda (“the Petitioner”) is the Director of M/s A N Buildwell (P) Ltd. (“ANBPL” or “accused company”). Kapil Gupta (“the Respondents”) has alleged that, the Petitioner had induced him to invest in a residential real estate project. The Agreement to Sell in question provided the Respondent the “Buy Back Option”, by depositing the postdated cheques amounting to ₹ 1,14,74,703/- issued by the accused company.

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