Payment not paying after goods supplied
NANJUND G JUGALI
(Querist) 21 June 2014
This query is : Resolved
Dear Ma`m/Sir,
I am new business person and I am from Karnataka and I got order form TamilNadu and I went their we got final order with best price I have supplied goods worth Rs.180000 and he sent me a Cheque and after I have sent another Rs.130000 goods but same days his Cheque got bounced now full payment pending from last 2 months and every time he saying he is giving next two days three days etc, I have visited again his office in Coimbatore but his office closed and he left from there.
I have purchase order (scanned and mailed)
I have bounce Cheque (I have given 30 days notice as per NI Act)
Can I file a case against cheating or 420 case if yes where I can do this.
Anirudh
(Expert) 21 June 2014
You have to file two separate cases (i) under Section 138 N.I. Act for cheque bouncing and (ii) for cheating under Sec. 420 IPC.
You cannot and should not club both the cases in one case.
ajay sethi
(Expert) 21 June 2014
it is better you file summary suit for recovery of money . cheque bouncing cases take 5 years to be disposed of . whereas in summary suit you can get interim orders( in summons for judgement ) for deposit of money within period of 6 months or so .
cheating cases are also long drawn affairs
Rajendra K Goyal
(Expert) 21 June 2014
Agree with the advise of expert ajay sethi ji.
NANJUND G JUGALI
(Querist) 21 June 2014
Dear Ajay Ji,
Thanks for your suggestions could you please suggest me how I can file summary suit for recovery of money and where I can file it.
prabhakar singh
(Expert) 21 June 2014
Your rights are there in both jurisdiction,civil as well as criminal and you can opt both.
But if you opt only one then go with advise of Mr.Sethi and file a small causes suit which are generally filled in the court of Civil judge of the district unless there is
a separate Small causes Court in your District.
Advocate Bhartesh goyal
(Expert) 21 June 2014
You should file both criminal and civil cases against that buyer.File complaints u/s 138 of N.I.Act and u/s 420 of I.P.C and summary suit.
ajay sethi
(Expert) 21 June 2014
it can be filed either from tamil nadu or karnatka . contact a local lawyer . he will do the needful . for recovery of Rs 1,30,000 file summary suit only . no need to file both civil and criminal cases as you would end up spending more money on legal fees
