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kaya (manager)     19 January 2014

138 summon

DEAR SIR,

UNDER 138 CASE. CHQ ISSUED WITHOUT DATE FOR PROCUREMENT ADVANCE OF AGRI COMMODITIES.

NOW PARTY NOT RETURNED THE CHQS. THEREFORE WE REQUESTED TO STOP THE PRESENTATION.

THE SAME SENT BY RPAD. BUT POSTAL OFFICIAL MANAGED BY THEM PARTY RETURNED WITH REFUSED.

AFTER RETURNING THE LETTER. THEY PRESENTED THE CHQ AND ISSUED LEGAL NOTICE. I ALSO REPLIED ALL TEH FACT WITH EVIDENCING THE RPAD ( WEB TRACKIN RECORD) ATTACHED THE COPY ALON WITH MY REPLY NOTICE. NOW THEY REGISTERED THE CASE IN march 2013. TILL DATE SUMMON NOT ISSUED I KNWOS MY LAWER THE CASE REGULARLY COMING MONTHLY ONCE AND POSTPONDING FOR SERVING THE SUMMONS.

IN THIS CASE HOW CAN I COME OUT  REASONS. IS FAVOUR FOR ME.IS FOLLOWS

1) CHQ GIVEN IN TWO YEARS BACK.

2) CHQ NOT WRITTEN BY ME AND DATE ALSO

3) GIVEN AS SECURITY USUAL PRACTICE  BLANK CHQ WILL BE GIVEN KEEPING AS SECURITY AND

MOVING CARGO AND COLLINCTING PAYMENT.

4) WE HAVE THE LEDGER MANUAL WHEN EVER WE ISSUED CHQ WE NOTE ALL THE DETAILS ON THAT DAY SUCH AS CHQ ISSUING DATE.. ITS POST OR DATED CHQ. ALL.

5)RPAD LETTER I REQESTED NOT TO PRESENT.. THEY REJECTED THE SAME BY POST GOT THE SAME EVIDENCE.

PLS HELP US TO COME OUT

ALSO CLARIFY IN ANY SPECIFIC VALIDITY PERIOD IS THERE TO ISSUE SUMMON AFTER FILING THE CASE.. AT ANY TIME THEY CAN SERVE THE SUMMON AFTER REGISTERING THE CASE.. WITHOUT VALIDITY...PLEASE CLARIFY THE GREAT EXPERIENCE MEMBERS.THNKS

DEAR SIR,

UNDER 138 CASE. CHQ ISSUED WITHOUT DATE FOR PROCUREMENT ADVANCE OF AGRI COMMODITIES.

NOW PARTY NOT RETURNED THE CHQS. THEREFORE WE REQUESTED TO STOP THE PRESENTATION.

THE SAME SENT BY RPAD. BUT POSTAL OFFICIAL MANAGED BY THEM PARTY RETURNED WITH REFUSED.

AFTER RETURNING THE LETTER. THEY PRESENTED THE CHQ AND ISSUED LEGAL NOTICE. I ALSO REPLIED ALL TEH FACT WITH EVIDENCING THE RPAD ( WEB TRACKIN RECORD) ATTACHED THE COPY ALON WITH MY REPLY NOTICE. NOW THEY REGISTERED THE CASE IN MARCH 2013. TILL DATE SUMMON NOT ISSUED I KNWOS MY LAWER THE CASE REGULARLY COMING MONTHLY ONCE AND POSTPONDING FOR SERVING THE SUMMONS.

IN THIS CASE HOW CAN I COME OUT  REASONS. IS FAVOUR FOR ME.IS FOLLOWS

1) CHQ GIVEN IN TWO YEARS BACK.

2) CHQ NOT WRITTEN BY ME AND DATE ALSO

3) GIVEN AS SECURITY USUAL PRACTICE  BLANK CHQ WILL BE GIVEN KEEPING AS SECURITY AND

MOVING CARGO AND COLLINCTING PAYMENT.

4) WE HAVE THE LEDGER MANUAL WHEN EVER WE ISSUED CHQ WE NOTE ALL THE DETAILS ON THAT DAY SUCH AS CHQ ISSUING DATE.. ITS POST OR DATED CHQ. ALL.

5)RPAD LETTER I REQESTED NOT TO PRESENT.. THEY REJECTED THE SAME BY POST GOT THE SAME EVIDENCE.

PLS HELP US TO COME OUT

ALSO CLARIFY IN ANY SPECIFIC VALIDITY PERIOD IS THERE TO ISSUE SUMMON AFTER FILING THE CASE.. AT ANY TIME THEY CAN SERVE THE SUMMON AFTER REGISTERING THE CASE.. WITHOUT VALIDITY...PLEASE CLARIFY THE GREAT EXPERIENCE MEMBERS.THNKS

DEAR SIR,

UNDER 138 CASE. CHQ ISSUED WITHOUT DATE FOR PROCUREMENT ADVANCE OF AGRI COMMODITIES.

NOW PARTY NOT RETURNED THE CHQS. THEREFORE WE REQUESTED TO STOP THE PRESENTATION.

THE SAME SENT BY RPAD. BUT POSTAL OFFICIAL MANAGED BY THEM PARTY RETURNED WITH REFUSED.

AFTER RETURNING THE LETTER. THEY PRESENTED THE CHQ AND ISSUED LEGAL NOTICE. I ALSO REPLIED ALL TEH FACT WITH EVIDENCING THE RPAD ( WEB TRACKIN RECORD) ATTACHED THE COPY ALON WITH MY REPLY NOTICE. NOW THEY REGISTERED THE CASE IN MARCH 2013. TILL DATE SUMMON NOT ISSUED I KNWOS MY LAWER THE CASE REGULARLY COMING MONTHLY ONCE AND POSTPONDING FOR SERVING THE SUMMONS.

IN THIS CASE HOW CAN I COME OUT  REASONS. IS FAVOUR FOR ME.IS FOLLOWS

1) CHQ GIVEN IN TWO YEARS BACK.

2) CHQ NOT WRITTEN BY ME AND DATE ALSO

3) GIVEN AS SECURITY USUAL PRACTICE  BLANK CHQ WILL BE GIVEN KEEPING AS SECURITY AND

MOVING CARGO AND COLLINCTING PAYMENT.

4) WE HAVE THE LEDGER MANUAL WHEN EVER WE ISSUED CHQ WE NOTE ALL THE DETAILS ON THAT DAY SUCH AS CHQ ISSUING DATE.. ITS POST OR DATED CHQ. ALL.

5)RPAD LETTER I REQESTED NOT TO PRESENT.. THEY REJECTED THE SAME BY POST GOT THE SAME EVIDENCE.

PLS HELP US TO COME OUT

ALSO CLARIFY IN ANY SPECIFIC VALIDITY PERIOD IS THERE TO ISSUE SUMMON AFTER FILING THE CASE.. AT ANY TIME THEY CAN SERVE THE SUMMON AFTER REGISTERING THE CASE.. WITHOUT VALIDITY...PLEASE CLARIFY THE GREAT EXPERIENCE MEMBERS.THNKS

DEAR SIR,

UNDER 138 CASE. CHQ ISSUED WITHOUT DATE FOR PROCUREMENT ADVANCE OF AGRI COMMODITIES.

NOW PARTY NOT RETURNED THE CHQS. THEREFORE WE REQUESTED TO STOP THE PRESENTATION.

THE SAME SENT BY RPAD. BUT POSTAL OFFICIAL MANAGED BY THEM PARTY RETURNED WITH REFUSED.

AFTER RETURNING THE LETTER. THEY PRESENTED THE CHQ AND ISSUED LEGAL NOTICE. I ALSO REPLIED ALL TEH FACT WITH EVIDENCING THE RPAD ( WEB TRACKIN RECORD) ATTACHED THE COPY ALON WITH MY REPLY NOTICE. NOW THEY REGISTERED THE CASE IN MARCH 2013. TILL DATE SUMMON NOT ISSUED I KNWOS MY LAWER THE CASE REGULARLY COMING MONTHLY ONCE AND POSTPONDING FOR SERVING THE SUMMONS.

IN THIS CASE HOW CAN I COME OUT  REASONS. IS FAVOUR FOR ME.IS FOLLOWS

1) CHQ GIVEN IN TWO YEARS BACK.

2) CHQ NOT WRITTEN BY ME AND DATE ALSO

3) GIVEN AS SECURITY USUAL PRACTICE  BLANK CHQ WILL BE GIVEN KEEPING AS SECURITY AND

MOVING CARGO AND COLLINCTING PAYMENT.

4) WE HAVE THE LEDGER MANUAL WHEN EVER WE ISSUED CHQ WE NOTE ALL THE DETAILS ON THAT DAY SUCH AS CHQ ISSUING DATE.. ITS POST OR DATED CHQ. ALL.

5)RPAD LETTER I REQESTED NOT TO PRESENT.. THEY REJECTED THE SAME BY POST GOT THE SAME EVIDENCE.

PLS HELP US TO COME OUT

ALSO CLARIFY IN ANY SPECIFIC VALIDITY PERIOD IS THERE TO ISSUE SUMMON AFTER FILING THE CASE.. AT ANY TIME THEY CAN SERVE THE SUMMON AFTER REGISTERING THE CASE.. WITHOUT VALIDITY...PLEASE CLARIFY THE GREAT EXPERIENCE MEMBERS.THNKS

DEAR SIR,

UNDER 138 CASE. CHQ ISSUED WITHOUT DATE FOR PROCUREMENT ADVANCE OF AGRI COMMODITIES.

NOW PARTY NOT RETURNED THE CHQS. THEREFORE WE REQUESTED TO STOP THE PRESENTATION.

THE SAME SENT BY RPAD. BUT POSTAL OFFICIAL MANAGED BY THEM PARTY RETURNED WITH REFUSED.

AFTER RETURNING THE LETTER. THEY PRESENTED THE CHQ AND ISSUED LEGAL NOTICE. I ALSO REPLIED ALL TEH FACT WITH EVIDENCING THE RPAD ( WEB TRACKIN RECORD) ATTACHED THE COPY ALON WITH MY REPLY NOTICE. NOW THEY REGISTERED THE CASE IN MARCH 2013. TILL DATE SUMMON NOT ISSUED I KNWOS MY LAWER THE CASE REGULARLY COMING MONTHLY ONCE AND POSTPONDING FOR SERVING THE SUMMONS.

IN THIS CASE HOW CAN I COME OUT  REASONS. IS FAVOUR FOR ME.IS FOLLOWS

1) CHQ GIVEN IN TWO YEARS BACK.

2) CHQ NOT WRITTEN BY ME AND DATE ALSO

3) GIVEN AS SECURITY USUAL PRACTICE  BLANK CHQ WILL BE GIVEN KEEPING AS SECURITY AND

MOVING CARGO AND COLLINCTING PAYMENT.

4) WE HAVE THE LEDGER MANUAL WHEN EVER WE ISSUED CHQ WE NOTE ALL THE DETAILS ON THAT DAY SUCH AS CHQ ISSUING DATE.. ITS POST OR DATED CHQ. ALL.

5)RPAD LETTER I REQESTED NOT TO PRESENT.. THEY REJECTED THE SAME BY POST GOT THE SAME EVIDENCE.

PLS HELP US TO COME OUT

ALSO CLARIFY IN ANY SPECIFIC VALIDITY PERIOD IS THERE TO ISSUE SUMMON AFTER FILING THE CASE.. AT ANY TIME THEY CAN SERVE THE SUMMON AFTER REGISTERING THE CASE.. WITHOUT VALIDITY...PLEASE CLARIFY THE GREAT EXPERIENCE MEMBERS.THNKS




Learning

 3 Replies

Biswanath Roy (Advocate)     20 January 2014

As per your statement your request letter not to present your cheques in the Bank itself nullify the case u/s. 138 as the request sent under Reg. with A.D. Post was returned unserved with the postal remark REFUSED itself nullify the case u/s.138 as REFUSAL IN THE EYE OF LAW IS A GOOD SERVICE.  BUT EVEN THEN ONE QUESTION MAY ARISE THAT WHY YOU DID NOT INSTRUCT YOUR BANKER FOR STOP PAYMENT OF THOSE CHEQUES.?

amar (lawyer)     20 January 2014

According to me u have to put your defence during trial. U will have to face trial. Keep a watch on the court file

T. Kalaiselvan, Advocate (Advocate)     21 January 2014

Whatever you have stated here are to be produced as defence side evidence during trial of he case.  First of all let the summons be served on you,then take this defensive step.


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