Misuse of our cheque
Amar
(Querist) 23 November 2015
This query is : Resolved
Dear Sir,
We dealing (trading business) a person last 5 year, this is the credit basis. I purchase goods from him and he purchase goods from me. in june 2014 I gave a cheque of rs. 1 lac for his financial need. before cheque date I request I can't clear it and I e.mail to him please return our cheque. this matter is closed that time.
In sep. 2014, 2 days before exp. of cheque date he present our cheque and cheque bounce in insufficient fund and he filled NI act Case on me.
In dec. 2014 complainant payment us rs. 30 thousand in regards of our payment reminder letter.
My question is this if he filled me NI Act case in Sep. 2014 then why he payment to me Rs. 30 thousand in Dec.2014??
this 138 case is maintainable or not??
P. Venu
(Expert) 24 November 2015
Facts, as stated, forms a good defence for you.
Have you got evidence of the transactions between you?
Amar
(Querist) 24 November 2015
Dear venu sir, Party (Complainant) gave us payment by bank draft in favor of my firm.
ABDUL RAZIQUE
(Expert) 24 November 2015
And cheque was in whose name?
K.S.Srinivas
(Expert) 24 November 2015
Query lacks clarity. Clearly state the facts of the case.
Rajendra K Goyal
(Expert) 26 November 2015
Cheque bounce case is separate to the other business transactions. However, you may take this transaction as part of your defense.
Amar
(Querist) 26 November 2015
Dear Goyal Sir,
I gave our firm's cheque to complainant firm's name for his financial need but in sep. 2014 complainant logged case on me and my firm that I gave cheque against his firm's outstanding.
But In dec. 2014 complainant pay Rs.30K by bank draft to my firm regarding our outstanding letter.
ABDUL RAZIQUE
(Expert) 27 November 2015
you may submit this information before Ld. court.
T. Kalaiselvan, Advocate
(Expert) 02 December 2015
The payment he made to your firm is a strong evidence on your side to take defence on the cheque case filed against you. This will be sufficient to prove the falsity of the cheque bounce case.
