Cheque Bouncing
Sandeep
(Querist) 12 June 2011
This query is : Resolved
sir i am authorised signatory of a company .. my owner have 2 branches in patiala and chandigarh i am handle the pataila branch, my boss go out of india without any notice to anyone, i give a cheques of rupess 7,15,000 to a company but cause of insufficent funds the cheques bounced.. after that i settle with a company that i give you all material which i have in my stock , and i do that .. i send him 4,20,000 material back.. but after that he produce my cheque again of rupee 7,15,000.. then i in touch woth again and give them the collection of rupees 1,10,000 as a cheque.. and tell him sir i am autorised personmy boss gone out of country now his family close the office so now his family said we give the balance to you.. After 2 year i know from my boss family the company put a case on you and his son of sec 138 .. but i not recevied any notice in my house..the company put case on me 7,15,000 and on my boss 27,34,000 .. what i do now.. i am right now want to settle every thing what can i do now ? cause i not know any notice before that..according to me i gave 5,30,00 back from 7,15,00 but he put case on me 7,15,00 kindly advice me what i do now is i go to lawyer with boss family or alone cause his family said we not in the postion to settle anthing.. what can i do ?help me in this...
Guest
(Expert) 12 June 2011
REGARDING DISHONOUR OF CHEQUE AND CASE UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT KINDLY NOTE THAT.
1.AS YOU HAVE MADE PART PAYMENT OF AMOUNT TO THE SAID PERSON AND YOU HAVE THE PROOF OF THE SAME, STILL THE OTHER PERSON FILED FALSE CASE FOR ENTIRE AMOUNT .
2 YOU SHOULD BE CONFIDENT AND HANDLE THE COURT MATTER SMARTLY.DO NOT BE AFRAID OF SAID COMPLAINENT WHO IS A GREEDY PERSON AND IS HARASSING YOU.
3.YOU MAY DEFEND THE COURT MATTER STRONGLY WITH THE HELP OF LEGAL EXPERTS AND ALSO FILE A CRIMINAL WRIT PETITION TO HIGH COURT FOR QUASHING THE LOWER COURT CASE AGAINST YOU.YOU WILL SUCCEED.GOOD LUCK.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.
WITH BEST REGARDS TO ALL
YOURS SINCERELY
NANDKUMAR B.SAWANT.,ADVOCATE
Guest
(Expert) 12 June 2011
Yes,best advise is to go to high court to quash the lower court case.
Sandeep
(Querist) 12 June 2011
Thanks for advice sir.. but the lawyer of the company told my boss family if sandeep not meet hum before 14th he declare me as a PO from the court then i will be in big trouble... but i not go anywhere i still stay at home till the office close and if he send notice or any legal paper on office address that is his fault cause office is closed and he the company know about that.. sir now i am employee in a bank i not want any legal on me i want to sort out this case forever ..kindly advice me what can i do to sort out this and what document i demnad from company lawyer for settlement cause he put case on me in delhi i am not in the position of fight case on delhi cause of some finnacial... my intension are cleared on that time and also this time .. so pls right me the way what i do .. even i not know exactly what case he put on me. but my boss family said he said 138 cheque bounce so waiting for you reply sir.. b
Suresh Gupta
(Expert) 13 June 2011
dear you need not to worry if you are right at your position. kindly mention the date of cheque, and how many times the company produce a cheque in a bank, is cheque of your personal or The company. and write your exact position in your company. and profile.
SACHIN AGARWAL
(Expert) 13 June 2011
You have not given full details of the case. After first bouncing of Cheque, whether the payee served any notice or not. Please confirm.
If yes, the said case cannot sustain and in case of not serving any notice, how you got information of Cheque Dishonor and you settle the accounts. Please inform.
