Defamation claim
Global
(Querist) 27 June 2010
This query is : Resolved
We purchased some products from our supplier for around 5 lacs, the chq was bounced and we had given 2 chqs. of 2 lacs and 3 lacs for the above dishonour. We requested them to present the chq with confirmation. They also agreed. They asked for confirmation to present the chqs after a month. We requested to present the 3 lacs chq and hold the 2 lacs chq. they also presented and the same was honoured. After some days suddenly they present the 2 lacs chq without our knowledge which in turn got bounced. Shall we raise a defamation claim against the supplier. The communications between us are through e-mail.
Pls. help to proceed.
Devajyoti Barman
(Expert) 27 June 2010
The acts you are talking about does not amount to defamation. Moreover through e-mail the third party communication-a sine qua non to initiate defamation has not happened.
However those emails will come handy to defend 138 NI Act proceeding, if any.
Global
(Querist) 29 June 2010
Dear Experts,
We had already requested to present chq. upon confirmation. If they didn't want to give time, let them say it. But in this, they accepted for time and suddenly without giving any time they presented without any information. This is breach of trust. We are ready to pay, but by mutual we agreed for 15 days time. Pls. advise.
Pankaj Kundra
(Expert) 29 June 2010
In that case also.. it does not amount to defamation..
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 July 2010
And in the court you have to produce strict proof of all the circumstances than only defamation case can be admitted.
Global
(Querist) 04 July 2010
Dear Expert,
We have the proof of email communication done between us and the company. They asked when to present and we said by end of june. Also the accountant came to our office and accepted to wait.
Now due to their deliberate act, our Cash Credit account which is going to be renewed by september got an issue in extending the limit due to this dishonour. For this damage what is the justice ? Pls. advise.
