Shankar Narain, director of Rakant Business Solutions Ltd. resigned with effect from 1st April, 2021. As required under the provisions of the Companies Act, 2013, the company has filed e-form No. DIR-12 with the Registra

The director of Rakant Business Solutions Ltd. could not be held responsible under Section 141 of the Negotiable Instruments Act, 1881 as he had resigned from his directorship on 1st April, 2021 and the cheques issued thereafter, which were dishonoured. Further, Section 168(2) of the Companies Act, 2013 states that the resignation of a director shall take effect from the date on which the notice is received by the company or the date, if any, specified by the director in the notice, whichever is later. However, if there was delay on the part of the company in intimating the ROC about the date of the resignation, the resigning Director could not be saddled with responsibility and liability for such delay. Date of filing of Form DIR-12 is not conclusive as to the date of resignation of director shown in the letter of resignation is to be considered.