U/s138
Amrit Kumar
(Querist) 18 July 2012
This query is : Resolved
My firm M/s Anmol International had been dealing with M/s B M Metal since 2005.both praties use to maintain a/c books
cash book and ledger, All the transactions of payments through only cheques only.
I am accused Proprietors of M/s An mol International issued two cheques in favor of M/s B M Metal works I.Ch No. 891375 Dt. 12/5/2010 for Rs.100000-00 .II Ch No.347046 Dt 25/5/10 for Rs.40000-00as advance cheques but they did not supplied martial to us , Mean time both cheques had been bounced because their no balance in my bank a/c but already my balance is lying as advance Rs.41780-00 with complainant.
On failer both cheques amounting Rs.140000-00 .B M Metal sent me notice for Rs. 140000-00 through advocate on 25/5/10
In reply of the notice I said that already Rs.41780-00 with him which he liable paid to me as per accounts books of his firm.
But at last he put the petition on me u/s 138 for cheque amount Rs140000-00. In words of B M Metal the material had been
supplied to accused without bill ,this transaction is not mention in their a/c statement attached with petition (is this transaction illegal or legal) but complainant admitted in his witness . And he is also admitted in cross that he is liable to be pay Rs.41780 to accused as per his a/c books , copy of a/c attached which shown Rs.41780-00 to be paid by him to accused.
Complainant could not prove the liability on me legally, I think so without bill material sale is illegal transaction.
NOW THE CASE IS GOING ON IN COURT .I WANT TO KNOW WHAT IA MY POSITION IN THIS CASE
ajay sethi
(Expert) 18 July 2012
the complainant has to prove there is debt due and payable . if goods of value of rs 14 lakhs have not yet been supplied then no such money is due and payable .
if in cross he has admitted that rs 4 lakhs is payable e by him then you will be acquitted and case dismissed
Raj Kumar Makkad
(Expert) 18 July 2012
I think sethi has misread figure. Anyway, there was no liability towards you on the day of alleged issuance of cheque or dishonour of cheques so there is no offence made out against you. You shall be acquitted at last.
Amrit Kumar
(Querist) 18 July 2012
Thanks Thanks Thanks
Now date well be fix on 20/07/2012 for order, I am feeling some good after read your answer, other things depends upon God
Amrit Kumar
(Querist) 20 July 2012
today judgement gone against me .how it possible there is not legal liabilities on me judge punish me for one year +fine
Rs10000-00. fine amount had been deposited Now i am on bail .further suggest me what i can do
