Dishonour of cheque
Querist :
Anonymous
(Querist) 23 July 2018
This query is : Open
I was doing business fronm a firm in delhi.
AS I wanted to pay the amount after receiving the material , i was asked to pay rs 30000
undated cheque in the name of propritor . so he can send the material and receive the full payment in the firm name after receipt of the material. the business continue for 2 years.
in one of last assignment he send the water instead of material which my retail customer returned to me.mean time I have made payment of all invoices raised by the firm in the firm a/c by NIFT. when I told him about defetive material returnd by my retail coustomer
he denied to make any compensation towards the same.
NOw I decided not to do any business in future with him and asked to return the undated cheque of rs 30000 with him. But instead of returning he told me that cheque is misplaced and not tracable. on this I asked my bank to stop the payment for that
cheque no on 15/06/2018(bank acceptance letter of this instruction is with me). But he
putting the date on cheque of 18/06/2018 presented the cheque in his bank which obviosly got dishonered due to my instruction of stop payment on 15.06.2018
Now I have received A legal notice FROm his lawyer with out showing any liablity and just mentioning the cheque dishonered and presumption that there should be liability.
As this is cheating and blackmailing and misuse of negotiable instrument act,breach of trust what remedy I have to reply for this notice as there is no legal liability and debt outstanding against me and he was just holding a undated cheque given for encahment if there is some delay on payment
