cheque returned
satish
(Querist) 14 October 2009
This query is : Resolved
DEAR SIR
I had supplied goods to a party in kerala by hand delivery and not by transport against which he had issued me a cheque which was bounced by him and i have no signature or any sort of evidence of the goods supplied to him so can i send a notice to him for returned cheque also in the cheque issued by him he has written the amount in blue ink while the payees name as well as amount in words is written by black ink by me .so do u think that i am in a strong position to file the case against him and will all this factors matter while the case is on please reply
thanking you.
satish
(Querist) 14 October 2009
er
H. S. Thukral
(Expert) 14 October 2009
You can file a complaint under 138 NIA. The onus to prove that the cheque was not issued in discharge of any liability would be on accused during trial.
PJANARDHANA REDDY
(Expert) 14 October 2009
when a chq written different inks and different handwriting may leads to grounds for the defense (the material alteration) to drawer.
Shivasurya
(Expert) 14 October 2009
Mr. Sathish, you can send legal notice to the drawer of the cheque within one month from the date of intimation of the cheque bounce and file complaint for offence u/s.138, NI Act after receipt of the legal notice by the drawer and within one month before the jurisdiction court. In your complaint you shall state that the drawer give the cheque and instructed you to mention the payee name
AEJAZ AHMED
(Expert) 14 October 2009
Dear Satish,
** You had supplied Goods to the Customer;
** Against the Supplied Goods he issued a Cheque;
** Cheque issued by him "Dishonored";
** Wrting on theCheque is in "Different" clour of Ink;
** You do not have any "Supportng Document" against the Transaction of Supply of Goods to the Customer;
So what do you think....??
"is there any othere ways left to you to claim amount against the supplied Goods, towards Customers..".
No dear Satish,
As per the above, only way left to you is claim by the said Cheque only.
But as per me, some facts you didn't mentioned in your query;
(i) Is there any demand letter from the Customer to Supply the "Said Goods"..??
(ii) What about the the Customer...Is he, a "Regular Customer" for you, to whom you supplied goods at earlier time also...?
(iii) Customer is from "Kerala".. but where are you from..?
(iv) What is the "Normal Procedure" you follows for making "INVOICE" on supply of Goods.....?? So can't you issue a "INVOICE" ( as supporting document)against the said supplied Good, which you supplied to the customer by had delivery..?
Then, Come to the point of "Dishonor of Cheque":
*** What is the date of the Cheque.?
*** when you deposited it for encashment.?
*** what is the "Date of Dishonor of Cheque". (Because within Thirty (30) Days of Date of Dishonor you have to issue Lega Notice).
So, if its under Limitation, means within Thirty (30) Days, and as there is no way left to you to claim the amount except the above i.e on "Dishonor of Cheque", so lets, first issue notice in details with regard to supply of Goods, issuance of cheque and dishonor of cheque, then wait for his reply, and then your Lawyer will guid you well for further proceedings.
Further ask your Lawyer to go through the following Judgement of Karnataka High Court, in which Accused was "Convicted" even though there is writng on the cheque with different inks:
S.R. Muralidar vs Ashok G.Y. on 17 April, 2001
( http://indiankanoon.org/doc/1409258/ )
Raj Kumar Makkad
(Expert) 14 October 2009
Nothing to add more in the expert opinion of Aejaz. Fir case to file a complaint.
Sachin Bhatia
(Expert) 14 October 2009
Nothing to add in opinion of Mr. AHMED
satish
(Querist) 15 October 2009
i thank u for for your answers .this are the other things which i would like to add to my query i.e
1.(i) There is no demand letter of the Customer to Supply the "Said Goods"
(ii) the Customer has purchased goods for the 1ST time from me
(iii) Customer is from "Kerala" and i am from mumbai
4. i have already issued a invoice for the same .
5.the date of cheque is on 29.09.2009 but i have deposited it on 12.10.2009 (returned on 14.10.2009)as the party did not tell me to deposit it .
satish
(Querist) 15 October 2009
DEAR SIRS
MY NAME IS RAJESH PATEL .I AM HAVING A READYMADE BUSINESS IN MUMBAI .I DO NOT HAVE AN SALES TAX REGISTRATION COZ OF SMALL BUSINESS .I HAD SUPPLIED GOODS TO A PARTY IN RAJASTHAN AGAINST WHICH HE HAD ISSUED A CHEQUE .THE GOODS WERE TAKEN BY HAND DELIVERY , A CHALLAN WAS MADE BY ME WITH NO SIGNATURE TAKEN FROM PARTY. I HAD DEPOSITED THE CHEQUE IN MY PERSONAL SAVING A\C WHICH WAS RETURNED TWICE BY THE PARTY (FUNDS INSUFFICIENT) .THE RETURNED CHEQUE WAS ON DATE 12.10.2009.THE PARTY HAS TAKEN GOODS FROM ME FOR THE FIRST TIME .CAN I ISSUE A NOTICE TO THE ABOVE SAID PARTY FOR THE OUTSTANDING DUES AS I HAVE NO INVOICES AND THE GOODS ARE GIVEN BY CHALLAN ON WHICH NO SIGN IS TAKEN.WILL I BE ABLE TO TAKE ACTION AGAINST HIM, ALSO PLEASE TELL ME WHAT ACTION CAN I TAKE IF THE SHOP IS CLOSED BUT THE BANK ACCOUNT IS STILL OPEN AND IF THERE IS NO ONE TO RECEIVE THE NOTICE OR SUMMONS WHICH WE WILL SEND OR IF HE DOES NOT ACCEPT IT.AS ON PHONE WHEN I CALLED HIM HE KEEPS ON TELLING ME TO DO WHAT EVER I WANT TO DO ,SO PLS TELL ME WILL I BE ABLE TO RECOVER THE MONEY .PLEASE ASSIST ME .
THANKING YOU.
AEJAZ AHMED
(Expert) 16 October 2009
Dear Satish,
Contact Your Lawyer and issue Legal Notice.
