victimised u/s138.
arun kumar gandhi
(Querist) 17 March 2011
This query is : Resolved
i have been victimised u/s 138 by a ltd. company.two undated and blank cheques were issued by me in may09. out of this one cheque was with my consent encashed in july09 against our order of pipes. the other was kept blank with the company. in sep09 the second lot of pipes was delivered by the company which was not according to the quality assured so on our refusal to take the delivery the company assured us of the washing charges of all the pipes. besides by the time the prices of pvc pipes slashed down to 12% but the company issued a credit note of 3% towards the price fall. as we were not satisfied with the deal we asked the company to settle our account and lift back the goods unsold. the company thrice assured us to lift back the unsold goods.we after telephonic discussions on 07-11-09 cancelled the cheque and informed the bank and the company thru email and requested again to settle the account and lift back the goods. on 19-12-09 we received the mail instructing us to resend the unsold stocks to their factory on frieght to pay basis. we immidiatly asked them to return back the blank cancelled cheque and assurance in writing for settlement of our account after the receipt of the returned goods. they did not replied over it. after waiting for the company reply for ten days we booked the unsold goods by transport on 29-12-09 and suddenly after that we acknowledged from our bank the the company without our knowledge have knowingly that the cheque which was lying with them as security for last seven months and was cancelled after telephonic discussions under intimation thru email filled the full amount of the last bill without deducting the washing charges and the credit note amount and presented it to the bank which was dishonoured on stopped payment by the drawer.
on the other hand the company did not accepted the returned goods and sent them back to our godown at indore giving us the further loss of frieght of both side.
after that a lehal notice was served to us thru their advocate asking us to pay the cheque amount within fifteen days. we responded the notice received by the advocate on the fifteenth day of the receipt of notice date.
but supressing all these facts the company filed a case u/s 138 in nagpur courts against us.
all the corrospondence in this matter is thru emails. are the emails agreed as evidences in courts of law at nagpur and under what section it can be done. otherwise what will be the status of this case.
can we prove it a fraud by the company by using the blank cancelled cheque under a fabricated conspiracy to firstly extort the unlawful money from us and secondly to baddebt our rightful claims and credits.
can we register fir in local police station and on what grounds.
prashant pundhir
(Expert) 17 March 2011
Dear Mr.Gandhi,
you need not to worry at all as your case is very strong .The malafied intention of the other one is clearly proved .
As you asked regarding the acceptiblity of emails , it is now acceptable as per the sec.65-b(2) and information Technology Act 2000,S.92 and sch.II .You can go for the revision on the same evidences to the session court and also to the high court for stop the proceedings .Please note that Indian Evidence Act and Information and Technology Act 2000 is for all of the courts of India .
Wish you Best of Luck .
arun kumar gandhi
(Querist) 21 March 2011
thanks for the kind advice.
arun kumar gandhi
