138 of ni act
nitin gatagat
(Querist) 05 July 2013
This query is : Resolved
dear sir,
i had a bussiness , came in to agreement with a pvt ltd co for doing buissness of electronics...in meantime provide bank guarantee of rs. 5 lakhs to that pvt ltd company ,,,after some time that company started their bussiness in partnership firm and made new agreements and taken two blnak cheques from me on 23 may 2012 .. i have mail of it for demamding blank cheques,,
disputes arises,,,so i had done stop payment of cheques and and informed them not to use my blank cheques,, my outstanding to pay was nearly 20 lakhs with them on 22 august, they received notice on 27 august and put date 21 august on my blank cheque and filled amount 10 lakhs as (outstanding due on chq date, as mentioned in their notice),the chq comes to bank on 1 sep 20 2012...in between that they encashed my bg which is given to them in pvt ltd company of which i had statement of zero balance.and i had not given any bond to them to utilise bank guarantee in partership firm ,,,, they did not provide me accont statement of rs.10 lakh outstanding balance.. matter in court ,,,, i am confused how they put amount of rs 10 lakh when its 20....pls guide me
manoj joshi
(Expert) 05 July 2013
your r being fu... by them ...coz they ve used your blenk cheque
so what is the legal remedy u ve ??
contact 09927822660
advocate manoj joshi
Raj Kumar Makkad
(Expert) 05 July 2013
This is your repeated query whereas your earlier query has already been duly replied not like Joshi.
nitin gatagat
(Querist) 05 July 2013
Raj sir ,i had explainedvtotal facts in brief earlier was diffrr from this pls reply
Hemant Agarwal
(Expert) 06 July 2013
NITIN:
1. You may circumvent the matter by declaring that the Blank Cheques for given as "Security", which is not considered as "liability", for the purposes of the N.I.Act.
Keep Smiling .... Hemant Agarwal
Raj Kumar Makkad
(Expert) 06 July 2013
It would have been better not to start a new thread rather post your subsequent posts under the same head.
Anyway, confine to the earlier replies.
ajay sethi
(Expert) 06 July 2013
it is your case that total dues were Rs 20 lakhs . Rs 5 lakhs has been recovered against encahsment of BG . balance amount would be Rs 15 lakhs . they have filled in on eblank cheque and put amount of Rs 10 lakhs . since they have another blank cehque with them they will depsoit another cheque .
you have to contest the case on merits . they had issued legal notice to you before filing complaint under 138 Ni what was the stand taken by you in reply to legal notice ?
Raj Kumar Makkad
(Expert) 06 July 2013
As your notice sent to the complainant on 22 Aug was defied by him, no complaint is maintaianable.
nitin gatagat
(Querist) 06 July 2013
Thanks to all specially raj sir... u r great
nitin gatagat
(Querist) 06 July 2013
Thanks to all specially raj sir... u r great
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 July 2013
Blank cheque and security cheque has to be proved by independent evidence., only word of accused has no weight.
You have to contest the case on technical issues only.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 July 2013
Read what SUPREME COURT has to say in similar matters-
1) The view expressed by this Court in Electronics Trade & Technology Development Corporation Ltd. (supra) that a dishonour of the cheque by the drawer after issue of a notice to the holder asking him not to present a cheque would not attract Section 138 has been specifically overruled in Modi Cements Ltd. case (supra).
AGAIN SC IN 2012 ABOUT SECURITY AND BLANK CHEQUE.
2) According to the accused, he had borrowed only Rs.3 lakhs from the complainant and a blank cheque was offered as security to the complainant. It is suggested in the notice that the said cheque was misused by the complainant. This story has to be rejected in view of the promissory note (Ex-1)
SO UNLESS YOU CAN PROVE BY INDEPENDENT EVIDENCE ABOUT YOUR PLEADINGS MERE WORD OF THE ACCUSED HAS NO WEIGHT.
prabhakar singh
(Expert) 06 July 2013
That is what i suggested even without knowing law laid in citation S.C.
You boosted my confidence.Thank you ADVOCATE DEFENSE.!
