Sec 138
Parveen Goyal
(Querist) 12 April 2013
This query is : Resolved
Dear Sir,
I was doing job in a firm. in this firm I was dealing person. this firm takes material from different parties and supply it in market. this firm is having dispute with one vendor in accounts as material was supplied and cash payment was given with receiving on bill as cash paid.
now the supplier has filled the blank security cheques by it self (these were signed by proprietor of firm)and got them bounced as stop payment. this all happened in my absence as i resigned due to my personal problem.
with in time supplier issued notice under sec 138 and filed case in court in my name as abc kumar proprietor xyz firm. I have not received that notice and even summan of court as i shifted to new house (in previous i was living in firms house).
now the date of hearing has gone. please guide what to do and what will happen. I am separate from my father's family and I am doing job since 2000 in different firms. and this present firm was of my father.
please guide
prabhakar singh
(Expert) 12 April 2013
Facts stated by you are confusing.
When you were employee,how and why you issued security cheques?
R.K Nanda
(Expert) 12 April 2013
state facts clearly,
Raj Kumar Makkad
(Expert) 13 April 2013
If your father is the proprietor of that firm, you need not to worry. Let your father deal with the issue.
It is clear that you are posting contradictory facts. If you are working in some other job since 2000 then how did you come to know about the dealing of the mentioned firm and subsequent facts of stop payment etc and further its bouncing?
If court notice comes to you, get the bail and go before high court for quasshing of the complaint.
Raj Kumar Makkad
(Expert) 13 April 2013
A criminal revision can also be filed before the court of Session Judge against the notice.
Parveen Goyal
(Querist) 15 April 2013
Dear Sir,
I want to clear that I am in job line since 2000 in different concerns by switching time to time and not involved in business even with my family as i got separated in 2000.
In Nov-2010 I joined the firm whose proprietor is my father. My joining was totally as a full time employee not as a profit holder. In dec-11 I got accidented and resigned because I was on bed rest till April-2012.
Blank security cheques were issued of firm's current account which were signed by my father(Prop). these were given to the supplier during my working period. In account checking supplier issued a account confirmation statement on this we have given in writing that this is wrong and there is a difference accordingly. the photocopy is in firm's file. No further query was raised by him in written as on telephonic discussion he agreed for difference amount.
During my bed rest period supplier dispatched the material without order but payment was given in cash by writing it on issued bills by supplier.
in the meantime due to dispute of expired/ damaged material, previous balance dispute and other claims supplier issued notice in my name as name abc proprietor xyz firm. and filed case in court under sec 138.
The notice etc was not received by me as I joined new job in other co and shifted to my new house. I have come to know about this through some other person in market and which date he was saying is gone.
Now I have cleared all the matter please guide. I will be thankful
Adv k . mahesh
(Expert) 15 April 2013
tell your father to talk to the supplier and solve the issue
ajay sethi
(Expert) 15 April 2013
1) you have not signed the said cheques
2) you are not the proprietor
of the firm .
3) blank cheques have been issued by your father and duly signed by him
4) date and amounts have been filled in by the complainant
5) payment has already been made to supplier . I presume you must have received acknowledgment of having made payment
6) you have strong case on merits . contact a local lawyer and fight case
Parveen Goyal
(Querist) 19 April 2013
Dear Ajay Sir
please consider as below:
1. Acknowledgement of payment is on the bill as in practice when material is received receiving of the same is given to supplier on bill. in this case also it was given and on bill only it was written cash paid.
2. I don't know in which court my case is going on as till date I have not received any notice from court. Now to whom I should contact.
3. In this case I am not proprietor of the firm but notice is served in my name as proprietor. If court give decision in my favour than can supplier file case against my father (original Proprietor)under sec 138 again with previous complaint.
Please guide and oblige.
ajay sethi
(Expert) 20 April 2013
if payment has been made against supplies there is no debt due and payable . complaint under section 138 would not be maintanable .
on complaint being filed notice would be issued to you . then appoint a lawyer to fight your case .
if complaint aginst you is dismissed after trial complainant would not be able to file fresh 138 Ni case against your father
