Misuse of security cheques
RAJESH KUMAR
(Querist) 30 March 2012
This query is : Resolved
before starting business i have given 5 security cheques mentioning name of company without date and amount.when i heard company closing his branch office i have not given balance cheque of rs 34000/- against warranty issue.company closes his br office,head office.now company presented one of my security cheques filling 354000/-,due to stop payment by me one year back cheque return by my bank.nnow i got summon from company home town agra court to appear. what i have to do now.I have statement of a/c till 10/10, whereas i have done business till 12/10.company closes his branch on 03/11.
Deepak Nair
(Expert) 30 March 2012
You have to appoint a lawyer and fight the case.
Sec.138 is not applicable in the case of cheque given as security.
In your case, a group of cheque was given at the time of start of business.
It appears from your statements that you have strong defences. Thus, appoint a lawyer and fight the case in its merit.
ajay sethi
(Expert) 30 March 2012
oops .w hy do you give such blank cheques ? now as aginst dues of rs 34,000 they have filled in rs 3,54,000/
they must have issued legal notice . in your reply did you take the defence that it was a blank cheque , amount ,date filled in by complainant . you will have to fight the case . engage a local lawyer
Arvind Singh Chauhan
(Expert) 30 March 2012
If you have prove that these were security cheque. Para 9 of first attachment and Para 24 of second attachment may help you.
Deepak Nair
(Expert) 30 March 2012
Dear Arvindji,
thanks for the same.
Sankaranarayanan
(Expert) 30 March 2012
Well said by mr nair. Here NI 138 is not applicable and accodding to your explanation ur side is so strong. So appeoch the lawyer and fight and try to get damage by defamation too
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 March 2012
The citation is related to bank and not easy to prove for private bodies.
You must take expert legal advise and raise technical issues at trial court first which will be many dime a dozen.
Otherwise if you allow time to pass the law provides for short procedure and not much hope in appeals.
Jasmeet Singh Ahuja
(Expert) 26 July 2012
Give me the details....
I am practicing at Agra
JASMEET SINGH AHUJA ADVOCATE
9927066696
jasahuja@gmail.com
