Cheque dishonour
Satyan manuja
(Querist) 25 April 2014
This query is : Resolved
I am doing a business of food items and company will send the goods through consignee. I handed one cheque of Rs. 30000/- as security to that consignee.
the consignee send the goods which is expired and near to expiry and present the same cheque in the bank and cheque dishonour.
Kindly suggest what to do in this matter so that goods will return and matter wil;l solve.
P. Venu
(Expert) 26 April 2014
Serve a legal notice on the seller company asking them replace the defective goods.
K.K.Ganguly
(Expert) 26 April 2014
1. The cheque was dishonoured on what ground?
2. was it for inadequate fund?
3. Did you enter in to any contract with the consignee wherein it was specified that they will not send any goods nearing the expiry date?
4. Was your purchase order mentioned that the goods to be supplied should not near the expiry date?
5. If the answer is yes, then you should have written a letter to the consignee regarding his breach of contract and cancelled the Order asking him not to deposit the cheque & take back the consignment,
6. After cancelling the Order you should have issued stop payment letter to the Bank. This is the standard procedure.
Advocate. Arunagiri
(Expert) 26 April 2014
What is the date of the cheque?
What is the date of receipt of goods?
Rajendra K Goyal
(Expert) 26 April 2014
Author please reply the questions from the expert to get useful advise.
ajay sethi
(Expert) 26 April 2014
answer queries raised by experts
Satyan manuja
(Querist) 26 April 2014
no contract is entered between me and party. The cheque is dishonour because I don't deposit any money in bank because the consignee should present the cheques after the fifteen days of receiving the goods and order send by the consignee is verbal order and excess order send by the consignee and sending the goods consignee also send the goods to other distributor in Panipat. I also informed the company representative about the old dated stock and near to expiry stock.
Prithvi Raj Sikka
(Expert) 26 April 2014
U must issue legal notice and stop payment in bank.But keep the balance in account.
Prithvi Raj Sikka Advocate
lawjuris09@gmail.com
Satyan manuja
(Querist) 26 April 2014
this is mutuly decided between us that cheque will present after 15 day but come to know when I go to bank for entries that the person present the cheque 2 times and cheque is dishonour because of short balance I don't deposit the money and ask the consignee to take the goods back and return my cheque, but neither he return my cheque and not taken the goods back.
Dr J C Vashista
(Expert) 27 April 2014
Did you write to supplier for defective or expiry goods?
Did you endorse on the cheque that it is meant for security and donot present the same without prior permission?
Engage a local lawyer, initimate factual position and contest, otherwise, you will have to face consequences.
Prithvi Raj Sikka
(Expert) 27 April 2014
Have u issued cheque with covering letter thereby mentioning issued for security. Have you written about defective goods.
T. Kalaiselvan, Advocate
(Expert) 28 April 2014
The fault lies on you. You should have made everything in writing atleast after confirming that the goods received are about to perish/expire, then issue notice to bankers to stop payment. Even now you can issue a legal notice to the consignor stating the status of goods, mere verbal communications will not stand evidence for the transactions that took place.
Biswanath Roy
(Expert) 29 April 2014
From your query it reveals that you suppressed the actual truth. First of all you must ventilate the truth so that experts can give proper advice.
V R SHROFF
(Expert) 29 April 2014
SOMETHING IN GREY AREA.
Not a clear fact
say date wise/ detail wise
