Goods return

shashikant gharge (Querist) 11 February 2012 This query is : Resolved
Dear Sir,I am a trader.company supplied me some material without order.after two months i returned goods to their godown as per their instructions.through transport. on my challan copy they have given stamp& sign of receipt(acknoweldgement)but they have not issued credit note as per sent material.and showed some dues on me & present my security cheque which was given to them by me at the time of taking dealership.cheque was bounce company files 138 against me.so please suggest me in this case what can i do.

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ajay sethi (Expert) 11 February 2012
you have to fight the case . you have to in your defence take the plea that no debt is due and payable as goods have been duly returned to seller .

if you have any evidece that cheque was given as secuirty you cna rely upon said evidence in support of your case that no compalint under section 138 NI Act is maintanable

V R SHROFF (Expert) 11 February 2012
The fact will decide the case.

R.Ramachandran (Expert) 11 February 2012
Dear Mr. Shashikant,

When the cheque was dishonoured, you might have received a legal notice.

Did you reply to the notice or not. If not why not?

If you replied, did you tell the things what you are saying now that you returned the goods and you have acknowledgement for the same, and the complainant has not issued necessary credit note for the returned goods etc. If not, why not?

Deepak Nair (Expert) 11 February 2012
In any case you have to fight the case on merits. You have to prove that there is no legally enforceable liability on you and the cheque was issued as a security cheque at the time of taking dealership and it was not issued towards discharge of liability.

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 February 2012
PEOPLE LOOSE BECAUSE OF CARELESSNESS FROM BEGGINNING. THEY WASTE INITIAL TIME IN TAKING DATES ONLY. YOU HAVE TO INITIATE PROPER ACTION FROM DAY ONE WITH EXPERT LEGAL ASSISTANCE THEN WINNING THE CASE WILL BE EASY, SIMPLE AND SURE.

Advocate Bhartesh goyal (Expert) 11 February 2012
You have good defence . rebut the facts of complaint by stong evidece.

Adv.R.P.Chugh (Expert) 11 February 2012
Most likely they would follow this criminal proceeding up with a summary civil suit - for recovery also. Watch out for that, and do argue vehemently on the points as succintly above by Mr.Nair and others