CHEQUE BOUNCING AND MY CASE IS VERY STRONG
Querist :
Anonymous
(Querist) 06 March 2010
This query is : Resolved
SIR MY NAME IS ASHISH AGARWAL AND I AM FROM LUCKNOW. I RUN AN ADVERTISING AGENCY IN LUCKNOW AND HAVE OFFICES IN MANY CITIES. I HAVE A CLIENT IN ALIGARH WHO HAD RELEASED ADVERTISMENTS OF THEIR EDUCATIONAL INSTITUTE FOR ADMISSIONS OF WORTH RS.2.00 CRORES APPROX. OUT OF THAT AMOUNT THERE CHEQUES FOR WORTH RS. 1.63 BOUNCED. OUT OF THESE CHEQUES, MANY OF THE CHEQUES BOUNCED TWICE AND THRICE. CLIENT'S POINT WAS THAT THEY HAD A BAD EDUCATION SESSION AND COULD NOT GET RESPONSE FROM THE ADVERTISEMENTS AND KEPT ON REQUESTING US TO WAIT FOR THE PAYMNET. IN THE MEANTIME TO SECURE US WE FILED A CASE OF 138 N.I ACT IN HON'BLE COURT OF A.C.J.M. NOW THE SITUATION IS THAT COURT HAVE ISSUED MANY SUMMONS BUT THEY DID NOT TURN UP..LATER ON COURT ISSUED BAILABLE WARRANT TO THE ACCUSED BUT I AM SURE HE IS MANAGING THE LOCAL POLICE STATION NAD THE REPORT OF WARRANT HAS YET NOT COME. OVERALL HE IS TRYING TO BE AWAY FROM COURT AS LONG AS POSSIBLE. WHEREAS IN HIS EMAIL FROM THE CLIENT TO OUR ADVOCATE, CLIENT HAS SAID THAT THEY WILL MAKE THE PAYMENT IN APRIL. I AM NOT UNDERSTSNDING HE HAS EMAILED OUIR CLIENT REGARDING THEIR PAYMENT BUT NOT APPEARING THE COURT.
SIR NOW POINT IS CAN WE LODGE F.I.R AGAINST THE CLIENT UNDER IPC 420. AND HOW CAN WE PUT FURTHER PRESSURE ON THE CLIENT TO MAKE OUR PAYMENT AND FURTHER WHAT IS IMPORTANCE OF THE EMAIL FROM CLIENT TO OUR ADVOCATE COZ' THIS EMAIL WAS SENT BY CLIENT IN RESPONSE TO OUR ADVOCATE'S EMAIL IN WHICH OUR ADVOCATE HAD SENT THE LEGAL NOTICES TO THE CLIENT AND ALSO THE COPY OF THE SUMMON OF HON'BLE COURT.
SIR PLEASE ALSO SUGGEST ME THE FIRMS WHO ARE KEEN TO PURCHASE MY CASE. MY CASE IS VERY STRONG AS I HAVE GOT ALL VERY STRONG PROOFS AND ALSO THE REPEATED COMMITMENT LETTERS FROM THE CLIENT SHOWING THE RESPONSIBILITY TO MAKE MY PAYMENT.
PLEASE REPLY ME SOON. THANKING YOU
MOB NO IS 9235634505
B K Raghavendra Rao
(Expert) 06 March 2010
It is bad that you have an advocate engaged but seeking suggestions to proceed in your case. If you believe your client that he would make payment in April, then better you wait till such time and request for adjournment of the case. If you do not believe him and you think he is just gaining time and may not at all pay, then request the court to issue Non-bailable warrant by hand, take the warrant personally, proceed to his place and with the higher ups of the local police, get him served the warrant/arrested.
