Sec 138 security cheque
tulsi
(Querist) 31 August 2018
This query is : Resolved
dear sir I am from Nashik. I do business of led lights.. I had given 3 blank cheque to a delhi based company ... suddenly dispute start with us .. I had done stop Payment.. total due when I stopped work was 30 lakhs as per company Books which I had not admitted.. after few days .i.e on 22.8.17 I send them legal notice regarding stop Payment of cheque done and don't misuse cheque.. and they received this notice on 27.8.17.. onn21 .8 17 I returned pending stock of almost 7 lakhs almost..they received stock on 27.8.2017 on 28.9.2017 they utilised my bank guarantee of rs.4 Lakhs also after received my stop cheque Payment notice company used my blank cheque and put date of 21.8.17 for 15 Lakhs only and bounced on 1.9.2017 with stop Payment remark.... now I received notice that .. total outstanding due towards company was 15 lakhs only and after so called reminders from company I issue cheuqe to them of rs.15 Lakhs..which was bounced with stop Payment remark .. company had put 21.8.2017 in panic as my legal notice date was 22.8.2017.. please tell me can they consider my goods return amount and bank guarantee amount on there Books before encashed. cos it's done after cheque date and before bouncing date .. and they already claimed in notice that total due was 15 lakhs which was actual 30 .. please revert
note. company had not attached or mentioned my any notice or reply to their notice in there court documents its clearly suppression of true facts
KISHAN DUTT KALASKAR
(Expert) 31 August 2018
Dear Sir,
138 proceedings will be held summarily as such nobody has time to put their elaborate pleadings. The aggrieved can approach civil court for appropriate remedy. But effective defence is to be taken to avoid conviction u/s 138 of NI Act.
tulsi
(Querist) 01 September 2018
I never denied my actual dues. But they intentionally did the cheque bounce for harassment
Dr J C Vashista
(Expert) 01 September 2018
File a suit for permanent and mandatory injunction along with ad-interim injunction for directing the defendant to restrain usage of the cheques issued by you.
Engage and seek professional services of a local prudent lawyer for better appreciation of facts and documents, guidance and proceeding but do not venture to rely upon obligation of experts on this site as the opinion and advise of the respondents is totally based upon facts stated by you.
tulsi
(Querist) 01 September 2018
All above facts are true ..
Guest
(Expert) 01 September 2018
IF ALL ABOVE FACTS ARE REALLY TRUE (not a hypothetical academic query), my sincere advice is that ONLY a mutual settlement may be of much help to you, rather than fighting a case through court of law, as you may be put at incalculable loss due to a lot of complications in your case. Your action to stop payment of cheques was improper, as you were still under debt on account of company's heavy outstanding against you and even if they would have been allowed to draw the amount of 4 lakhs pertaining to your security cheques, you were still under their debt.
Further, if you intended to pay 15 lakhs, instead of issuing cheque for such an amount, you could have issued cheque of 11 lakhs (less by the amount of security cheques).in addition to your security cheques.
Still further, dishonour of your cheque for 15 lakhs would be the most crucial evidence against you to prove your ill intention not to pay the genuine dues.of the company. That can give you the most damaging effect to your case, even in terms of imprisonment. Dates of cheques will not help you in any way to win your case.
Rest depends upon your own wisdom. You cannot expect such an advice free of cost to save from the damaging effects of your intention to sue the company.
MIND IT, SECURITY CHEQUES ARE NOT MEANT MERELY FOR SAFE CUSTODY.
tulsi
(Querist) 01 September 2018
sir chque amount is more than actual due
Guest
(Expert) 01 September 2018
If cheque amount was more than the actual amount due, why issued cheque for 15 lakhs?
However, if you want to go for legal action, nobody can forbid you. Like others, I would also have advised you to serve legal notice and then plunge in to the legal battle to taste the experience of legal tangle.
Better use your own discretion. I have rendered advice only in good faith and in your own interest that too when you have stated that "all above facts are true". I have already stated, use your own wisdom for any action.
Guest
(Expert) 01 September 2018
If cheque amount was more than the actual amount due, why issued cheque for 15 lakhs?
However, if you want to go for legal action, nobody can forbid you. Like others, I would also have advised you to serve legal notice and then plunge in to the legal battle to taste the experience of legal tangle.
Better use your own discretion. I have rendered advice only in good faith and in your own interest that too when you have stated that "all above facts are true". I have already stated, use your own wisdom for any action.
ashok kumar singh
(Expert) 01 September 2018
agree with views and opinion of experts, therefore no comments,
thanks,
ashok kumar singh,
advocate
