Misuse of security cheque
VANDANA
(Querist) 13 April 2012
This query is : Resolved
before starting business issued three blank cheques to company filling name of company without date and amount,but taken no receipt.after that i issued cheques as per invoice.when i heard company going to close his branch office and head office of delhi.i didn't give his 50000/- due to warranty issue, because warranty is going on.now company has presented one of my security cheque which i given 2 year back filling amount 250000/- whereas due is 50000/-.i have statement of company till 10/10 wheras i have done business till 12/10.i am in secunderabad and company has sended me summon from delhi.when he presented cheque at a time i email to MD regarding balance due and misuse of cheque but they not given reply.what i have to do.company person whom i given cheque ready to write on paper that these are security cheques.cheque whatever i have given against invoice all serial no are after security cheque serial no.what i do now.
Deepak Nair
(Expert) 13 April 2012
You should attend the case in Delhi. Otherwise the a warrant for arrest will be issued.
Looking at the facts, you have a good case in your hand. Best part is that a case under sec.138 cannot be initiated for security cheques. You have acknowledgement of the complainant tha the said cheque is security cheque.
Appoint a lawyer in Delhi and fight the case in merits. You will definitely win.
adv. rajeev ( rajoo )
(Expert) 13 April 2012
contest the case. When cheque amount is more than the due amount , case is not at all maintainable. Produce the documents and lead your evidence.
Devajyoti Barman
(Expert) 13 April 2012
Appear first and then fight the case on merit including on the point of jurisdiction.
V R SHROFF
(Expert) 13 April 2012
You have to appear before Delhi Court.
You prove cheque was issued for security before two years and not in Delhi Jurisdiction.
prabhakar singh
(Expert) 14 April 2012
"company person whom i given cheque ready to write on paper that these are security cheques"
THEN GET IT FIRST.
FOR COURT CASE YOU DO NEED TO APPEAR AND DEFEND .
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 April 2012
Get a proper advocate and first raise the issue of jurisdiction and contest on this point alone first. If successful the case has to be withdrawn and will have to be filed again at proper place. SO YOU WILL GET ALL THE TIME.
