Cheque bounced
Bikash Shaw
(Querist) 19 March 2012
This query is : Resolved
Dear Sir,
I have supplied computers on Rent to Nitin (A Properitor) and made a agreement for three months.
He has paid me the money for the 3 months.
But i contiued the work with him without contineuing the Agreement as he was paying normally.
Now he is refusing to Pay me the due of 39000/-.
I have taken a cheque from him and the cheque got bounced.
I have sent him a legal notice to him for the payment. but he is refusing to pay.
My query is that - can i get my money even without the proper agreement or any documents.
Please help
Bikash
Deepak Nair
(Expert) 19 March 2012
You have to file a complaint in the magistrate's court.
You can get the money even without the agreement if you can prove that the said Mr.Nitin was using your computer for a continued period even after expiry of the agreemnt.
You said that he paid regularly for some time even after the expiry of agreement. Thus, he cannot deny that he was not using your computers.
Sudhir Kumar, Advocate
(Expert) 19 March 2012
Even if he failed to deny your allegation of usuing computer on rent yu can taken advantage.
Raj Kumar Makkad
(Expert) 19 March 2012
You follow the advice as given above but within the stipulated time failing which you shall have to repent. Make haste in this process.
Advocate M.Bhadra
(Expert) 19 March 2012
Since the bounced cheque is concerned then you can file a case u/sec.138 N.I.Act in stipulated period as per provision,it does not matter the Agreement in force or not.
Shonee Kapoor
(Expert) 19 March 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 19 March 2012
YES: You can get my money even without the proper agreement or any documents.
SAINATH DEVALLA
(Expert) 20 March 2012
Dear Bikash,
You have supplied the computers on rent and it must be recorded in your books of accounts.you have the agreement for the same.When did you give the legal notice for the cheque bounce.You should file a cheque bounce case within 45 days from the date of the cheque.In this aspect act immediately and your customer will come to terms.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 March 2012
The moment you go to the legal fora it will open can of worms, so better try to settle amicably among your selves since-
Nature always sides with the hidden flaw. OR
The hidden flaw never stays hidden for long.
The possible headaches for you-
1) Are you legal owner of the computers that any tax paid purchase bill.
2) Even the first agreement is legal since there should be CONSENSUS AD IDEM for any agreement to be legal.
3) What is the status of computers now , in all probability you must have taken back so you have to prove period of use by solid evidence.
and so on and on since power of defense is immense.
