Sec 138 of ni act
nitin gatagat
(Querist) 08 April 2013
This query is : Resolved
dear sir
i had given 3 blank chqes to a pvt ltd company @ contract. at the end time dispute arises. company used one of the blank cheque and filled amount and date in their handwriting. i received notice u/s 138 of n.i.act by them. i also replied them,
meanwhile before cheque bounced , i had done stop paymrnt of chq and also informed them by notice that dont misuse particular cheque. after receving notice they used cheque of oneday before that notice ,i had the mail of the co. reguarding demand of blank cheque.and xerox copy of given blank cheque ...
pls tell me is my side strong enough to fight......A
CA Ayush Agrawal
(Expert) 08 April 2013
Since You said Matter is Disputed, so this will take you both to court.
so its better to settle mutually if possible.
if not then every thing is OK, whatever done by company is right, and also you right from your side.
lets court decide.
and secondally, you just put one letter to company stating that pls dont use that cheques, untill and unless out matter get solved so that you atleast can escape from negotiable act 1938.
Thanks.
Raj Kumar Makkad
(Expert) 08 April 2013
The complaint filed on earlier date is illegal and thus is liable to be dismissed. A holder of the cheque is required to provide full 15 days to the drawer of the cheque and if the complaint has been filed one day prior, it shall get dismissed in revision to be filed after summoning.
nitin gatagat
(Querist) 09 April 2013
Sir can i file 420 case against directors for nisuse of chq
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 April 2013
Every cheque bounce case can be won whatever be the factual matrix.
BUT......
1) The accused should not forget that it is your cheque issued from your bank account, bounced and did not pay even after notice so basic guilt is assumed by law.
2) Accused should find loop holes and lapses committed by the complainant in issuing notice and filing complaint .
3) However in most of the cases just reveres happens. Accused in most cases try to take defense of security cheque or blank cheque.
But court needs hard evidence mere statement of accused is of no value.
Same is the problem in this case the person wants to file 420 case, it will need hard evidence before court will even entertain the complaint.
Put your energy is defending the case with proper legal aid.
V R SHROFF
(Expert) 09 April 2013
To win 420, you must prove the intention of cheating from the beginning, not afterwards..
You have better chances of defence
ajay sethi
(Expert) 09 April 2013
you have good case on merits . you had retained copy of blank cheque issued by you . the details namely amount and dates have been filled in without any authorisation . fight case on merits .
nitin gatagat
(Querist) 09 April 2013
dea sir
bank guaranrantee is encashed when acconts nil statement by pvt ltd company .i have a dispute with a partership firm but they encashed bg in private limited company .....both having diffrent legal entity in the eyes of law ... is it acceptable when u have a dipute in partership firm but encashed bg in private limited company..... pls help
ajay sethi
(Expert) 09 April 2013
no . if no amounts were due and paybale to pvt ltd company it could not encash your bank guarantee
Raj Kumar Makkad
(Expert) 09 April 2013
Dada! If this is a repeated query then provide the earlier link here.
