Negotibale instrument act related
chintan
(Querist) 21 March 2014
This query is : Resolved
i have issued one cheque to builder as securirty towrds service tax of flat .. there was no date mentioned on cheque ..after some months i realised that services promised by builder have not been provided hence i had sent letter to him asking we are not liable for service tax as services are not rendered.. very next month of our letter builder has written a dated and deposited in bank which got bounced as STOP PAYEMENT was done by me.. now i have received 138 summons from court? what can i do and can i prove that date was written without my concern as i have call recordings of meeting were i was informed not to mentioned date on cheque
ajay sethi
(Expert) 21 March 2014
you have to contest case on merits .once you have issued cheque you have authorised drawee to fill in details . when legal notice was issued did you reply to said notice .? did you rise defence that material alterations have been made in cheque without your consent ?
contact a local lawyer
malipeddi jaggarao
(Expert) 22 March 2014
All negotiable instruments are governed by presumptions laid down in the NI Act itself. An undated cheque can be dated by the holder in due course and this is not a defence for you. As regards, consideration, though it is presumed that consideration is passed once the cheque is delivered, you can bring the fact that in anticipation of services to be provided, you have issued the cheque and as the services are not provided, you have stopped payment of the cheque. In any case, the return of cheque attracts the provisions of Sec.138 of NI Act and you have engage a local advocate to represent your case properly to escape from the provisions of punishment under Sec.138 of NI Act.
Rajendra K Goyal
(Expert) 22 March 2014
Service tax cheque was given for what type of service. Service tax regarding construction of your flat or other wise.
However, you have to defend yourself in the cheque bounce case.
T. Kalaiselvan, Advocate
(Expert) 24 March 2014
Were you served with the mandatory legal notice before the case was filed against you?, if so, did you give a reply notice? Have you not denied the liability in reply notice? Contest the case on the basis of evidences in your possession, if what you have stated are to be taken as facts, you have chances for wining the case.
