dishonour of cheque due to stop payment by the drawer in mum
Rahul shah
(Querist) 20 May 2016
This query is : Resolved
My party is of London uk helding it's office in mulund as well as in andheri mumbai.
The party had given me orders of fabrics online and I made the fabrics but before making the fabrics I sent a sample through their person to London so that the could verify the sample and than order me!
Their guy didn't sent sample to London and my party gave instructions and orders to manufacture the fabrics urgently within 4 days so I manufactured the fabric with embroidery and requested them for payments the party it self came at my shop and gave me post dated cheque of 78000 after a months date.
They told me that the cheque will definitely be honoured by the bank once I deposited.
Since I got a good reference from a shop in my market I agreed as they told me that if I don't take postdsted cheque they won't take my goods which I manufactured according to their taste! Since I had no option I took the cheque and gave them the goods!
Before 3 days from the date of the cheque the party called me and told me not to deposit this cheque as they said that the goods which I sent were of inferior quality and they dI'd not like the goods as such! After then I waited for 3 more days and they did not msg me any more. So with no option left again I approached the party who had given me his top reference . The party said to wait for another 10 days as he said he would be finalising this matter. Today 1 month is passed and he gave me no response so I deposited the cheque and the cheque dishonoured saying stop payment plz refer to drawer. I called the drawer 20 times to London as well as in mumbai but still no response by them
Plzzz help me what action do I take with help of Indian court and can I file a criminal case and will I get my money back???
Please reply
Rahul shah
Mumbai
Adv. Yogen Kakade
(Expert) 20 May 2016
Mr. Shah,
This kind of another complaint is with me where the company from London ordered some fabrics from my client. But after getting the delivery they said it is of inferior quality and refused to make the payment. We are taking action against the company. I think there is some group who is doing this cheating and malpractice as new business. This matter has to be investigated. You can send me the details if you wish.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
Kumar Doab
(Expert) 20 May 2016
If this is orchestrated fraudulent activity then it is certainly better if fraudsters are engaged under expert advise of an able counsel.
