Sec 138

sajoli (Querist) 14 November 2011 This query is : Resolved
my client has given certain undated cheques for the bills outstanding.

on his letter head there is a condition "kindly note all above cheques are only for the purpose to show your bankers as a security deposit and confirmation of outstanding balance with us.pls do not deposit the cheques unless an until you get our written confirmation,kindly acknowledge."

i have only put my initials on the above and it does not even bear my company rubber stamp.

1) what can i do to recover my outstanding amounts?
2) how can i use these cheques?
3) what if he does a stop payment of the cheques?
4) do i have to wait till he gives me a written confirmation to deposit the cheques as i have just put my initials and what is its legality?

i even have the delivery challans bearing his signature and some have his company stamps also.

He also has mentioned cheque nos,bank name, and amount on my outstanding ledger on which he has written "above mentioned cheques has been given for this statement(outstanding)".

pls suggest a way in which i can get my hard earned money back bcoz i think he dosent intend to repay.

posted query last night so not showing in today's list so posting query again plz give ur valuable opinion

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ajay sethi (Expert) 14 November 2011
if you have supplied goods to a party and he refuses to pay file suummary suit for recovery of outstanding amounts .

as far cheques are concerned since you have agreed not to deposit cheques unless you receive written confirmation from the debtor if you present the cheques the debtor will take defence that no money is due and payable as no written confirmation given for deposit cheques.

prabhakar singh (Expert) 14 November 2011
Act as advised by mr. sethi.

Shonee Kapoor (Expert) 14 November 2011
Agreed with Mr. Sethi.

Regards,

Shonee Kapoor
harased.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 14 November 2011
already replied.

Raj Kumar Makkad (Expert) 14 November 2011
In the given facts especially confirmation of outstanding dues and acknowledgement of cheques is sufficient to fulfil the imposed condition so now go ahead and present all cheuqes for collection and further follow the process of 138 NI Act.

prabhakar singh (Expert) 15 November 2011
i have by passed the query without giving any advise to her.

i by passed it only because without personal conference i can not provide the right solution.

There are several advises that can not go possible without revelation of facts that are always concealed here.

But what you have done Makkad??legal queries can not be solved by polarization of a few blank, blinds, and deaf who are self imposed AVATARS.
I smell the stink.

Shonee Kapoor (Expert) 15 November 2011
I agree with Ld. Mr. Prabhakar Singh Ji.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Piyush Vaishnava (Expert) 20 November 2011
I agree with experts

Guest (Expert) 21 November 2011
Agree with experts.

sajoli (Querist) 27 November 2011
thanxx a lot for your precious advice.....

wanted to know in this connection that my clients shop at sara market caught fire on the 26th of november which is mortgaged with bank against cash credit facility.all the books of accounts and stock has been burnt to ashes. the said premises is insured for fire.

1)how can i claim insurance?
2)how can i utilize the above mentioned cheques?(previous query)

sajoli (Querist) 28 November 2011
thanxx a lot for your precious advice.....

wanted to know in this connection that my clients shop at sara market caught fire on the 26th of november which is mortgaged with bank against cash credit facility.all the books of accounts and stock has been burnt to ashes. the said premises is insured for fire.

1)how can i claim insurance?
2)how can i utilize the above mentioned cheques?(previous query)

sajoli (Querist) 28 November 2011
need advice.....

wanted to know in this connection that my clients shop at sara market caught fire on the 26th of november which is mortgaged with bank against cash credit facility.all the books of accounts and stock has been burnt to ashes. the said premises is insured for fire.

1)how can i claim insurance?
2)how can i utilize the above mentioned cheques?(previous query)

Sec 138

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