138 ni act...need to know answer of my query in detail
ashish agarwal
(Querist) 05 May 2010
This query is : Resolved
Respected Sir,
i run an advertising agency. last year from april to november i released almost 19-20 advertisements of my client (pvt ltd company) in various newspapers. against which i took 95 days credit cheques against each advertisements.Client continuously asked me in written and verbally not to deposit the cheques and gave me excuses that they have not got required response from the ads and they are short of money now etc. As a client we gave them some time but one day they emailed us and said to deposit the cheques for some amount out of the total amount on after 20 days and also said that if possibble they might clear some more amount against the due cheques but the thing was that they additionally said that if they will not be able to fulfill their commitment then they will pay us 18 percent intrest. initially i agreed and confirmed them to do that. but on the very nexy day they verbally said to us they their email is no commitment and it is just sent to us for our satisfaction then i immediately emailed them confirming that i have lot of pressure from newspapers to whom i have to make the payment and i can not stop your cheques and additionally wrote that as per our discussion i am going to deposit the cheques so make sure that there is enough balance in your account. Here one point is very important that as asked by the client, i deposited some of the cheques on the date on which client wanted us to deposit but unfoetunately apart from one cheques, all the cheques were bounced due to insufficient of funds. after the bouncing of cheques worth rs. 1.60 crores i gave my client a notices for which they did not care to answer then the we filed 7 cases of cheques bouncing under 138 n.i act in hon'ble court. Time passed by and court issued 2 summons 1 bw and 1 nbw to M.D of the company who's signature was there on the cheques. On the next day of the date of NBW client silently appered in the court but fortunately we got the information and we also appered in the court. Well now client has got the bail but in their bail application they have said that the client issued the cheques as security but we deposited the cheques and filed the case against them so 138 n.i act can not be forced against them. Next date of case is 18 th april,10. Sir we and client both know what the facts are but client is trying to twist the case. we have got work orders of the client/ emails of the client requesting us to delay the cheques and giving us excuses and no where term Security cheques has come but only term PDC is used by us and they have accordingly answered us.
My question is what should be my strategy now in this case as client is trying to be smart with us and trying to proove the bounced cheques as security cheques and furthe delay the proceedings and get out of the 138 n.i act? What should be my prepration/ points on the next date..also let me know what are security cheques and why they are trying to proove the pdc's as security cheques?
Sir, to proove my claim i have got correspondence between me and the client through emails where time to time client is requesting me to hold the cheques or telling me when to present the cheques. otherwise also in my emails i have always used the term pdc (post dated cheques) and accordingly client has replied.
apart from it client also wrote a signed letter to me which he sent through attachment of email in which he gave me details of the cheques with their respective dates and amount and gave me fresh deposition dates...moreover they issued me pdc's against each ad and for the exact cost of the ad (example : ch.3838383 dt 12.12.12 for rs. 123456.00) in many of their work orders also they have wrote a language '' payment of this advertisment is being done by chno. 112222 dt.12.12.12 for 123456.00 (cheque date used to be of after 95 days like their other cheques).
SO WHAT TO SAY EXPERTS....?
ESTHERPRIYA
(Expert) 05 May 2010
Same query repeated again you need a better advocate so that seeing each and every papers, they can guide you in a right path. Heavy amount is involved or you will land in a pathetic situation.
