NI Act
Anoop Kumar
(Querist) 23 December 2013
This query is : Resolved
I used to purchase goods from a branch office having its registered office at another town for last 6 years.A security cheque with supporting letter was issued at the commencement of business.Payment was being made in cash.From last 2-3 transactions payment made by cheque.There are some pending claims which were not settled by the party.I dishonoured the last cheque and asked for settlement.But he didn't do so and filled the security cheque with amount 3 times more of value of cheque dishonoured and presented to the bank in branh situated in my city.Cheque dishonoured and a legal notice issued from where his branch office situated and case was filed from city of registered office for his convenience.Is there any graoud to defend it.Can it be defend on territorial jurisdiction.
Anoop Kumar
(Querist) 23 December 2013
Is this case not similar to madan gupta vs videocon bombay high court 29 nov 2012.?
ajay sethi
(Expert) 23 December 2013
what was reply sent to legal notice ? once you issue blank cheque you authorise drawee to fill in details .
fight case on grounds that there is material alteration in cheque . details have been filled in without your consent .it is necessary to go through complaint to advise your lawyer will do the needful .
Anoop Kumar
(Querist) 23 December 2013
Iegal notice returned with endorsement "प्रापक उपलब्ध नही है"
Rajendra K Goyal
(Expert) 23 December 2013
Contact a local lawyer and show him all the documents.
The blank instrument can be filled in by the holder.
Anoop Kumar
(Querist) 23 December 2013
Is there no remedy against misusing the cheque..?Atleast he has to show the invoice through which I took the stock.I have not receive the stock on the date he mentioned in affidavit. My firm was closed during that period and I was out of town.
Anoop Kumar
(Querist) 23 December 2013
Is there no remedy against misusing the cheque..?Atleast he has to show the invoice through which I took the stock.I have not receive the stock on the date he mentioned in affidavit. My firm was closed during that period and I was out of town.
ajay sethi
(Expert) 23 December 2013
in the cross examination of complainant you can question him regarding accounts . call upon complainant to produce statement of accounts
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 December 2013
No counter defense should be raised since even the same may be true but can not be proved and in the process you give vital admissions which helps the complainant to win the case and your defense is lost.
Yes you can fight on jurisdiction issue and should collect SC CASES which are many starting from landmark HERMANN case instead of HC citations.
But you should have a good advocate since you may have to go in revision at various levels and if proper steps are taken you can easily come out of the case.
Nadeem Qureshi
(Expert) 23 December 2013
nishant aggarwal & k. bhaskaran
both the above case is related to Jurisdiction in NI ACT case.
read the judgmnets carefully
Raj Kumar Makkad
(Expert) 23 December 2013
Who is nishant and bhaskaran here who have been mentioned by Nadeem?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 December 2013
Both BHASKARAN and NISHANT cases are against this accused.
However APEX COURT HAS departed to significant extent in HERMANN case and most applicable to all the jurisdiction cases.
STILL IT WILL DEPEND ON THE SKILLS OF THE DEFENSE TO FIT IN HIS CASE TO THIS CITATION.
Even DELHI advocates are agitating on this issue that HERAMANN case has departed from BHASKARAN case and even NISHAN AGRAWAL CASE also confirms the BHASKARAN case to very limited extent still as long as HERMANN case is not over ruled it is a good law.
V R SHROFF
(Expert) 24 December 2013
nothing wrong challenging Jurisdiction.
File Revision thereafter,
but defending on cheque issued before 2 years, and amt written at the whim of complainant, without consent of accused, and was not issued against liability , it was for security only, are imp pt.
