PQR Chits and Finance Ltd issued cheques to 150 depositors, while refunding their matured deposits with interest. All the cheques issued by the Company were dishonoured by the bankers of the Company, as those cheques are

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2023
PQR Chits and Finance Ltd issued cheques to 150 depositors, while refunding their matured deposits with interest. All the cheques issued by the Company were dishonoured by the bankers of the Company, as those cheques are not issued by the bank to the Company for use. Around 20 of these depositors, made written complaint to the local police against the Company, seeking action. They also approached the Company, informing about their complaint to the police for dishonour of the cheques. The Company contended that the state police has no role to play in such matters, as it is a company law matter. Under such scenario, what is the remedy available to these depositors ?

Answer & Explanation:

The given situation has relevance to the economic offence committed by the company by misusing the forged cheques of the bank to defraud the depositors which amounts to financial fraud. The purpose of the Economic Offences Wing (EOW) is to prevent, detect and investigate cases of economic, cyber and Intellectual Property related crimes to ensure prompt justice and desired relief to the victims. Economic Offence Wings are specialized wings of state police to handle investigation of economic offences. Economic and financial offences cover fraud, forgery and counterfeiting, offences against the legislation governing cheques (in particular forgery or use of stolen cheques), forgery or use of credit cards, undeclared employment, and offences against companies (such as misuse of company assets). Being a specialized wing of the state Police to deal with important cases concerning multi-level-marketing frauds, share market frauds, multi-victim frauds, foreign trade related frauds, land and building rackets, offences of forgery, cheating by individuals and Non-Banking Financial Companies, cyber-crimes, offences related to Intellectual Property Rights and such like cases. Thus the depositors may file complaint against the Company before the Economic Offences Wing of the State Police.

Topics: Economic Offences

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic