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kaya (manager)     10 January 2013

138 case

dear sir, i am from chennai,  i  having partner ship firms. myself is the manging partner my wife is the partener.

she is also having power to sign cheques with bank.

 

1) now my wife issued three cheques from the company to supplier.advance security cheques, for issuing the secruity cheques  we dont have any evidence only we have the manual ledger .All the cheq duly filled except date and it was issued on 12/10/2010  .. we have stoped buying cargo from the supplier. now the supplioer bounced the cheque in the year of 2012 15/05/2012 and issued legal noticew for one chq out of three.

remaing two cheques not issued notice. whatever issued on notice we replied and mentioned it is for security chq. Even after passing five months now notice from court summons- issued dated on 05/10/2012 askd to appear to the karnataka kolar court on  10/01/2013. my wife not atteded thourgh advocate we filed and got the date for april 2013. our company at chennai tamil nadu.

for intial first appearnce itself they asking local surety. or govt employee surety from chennai.

is it correct.....or any chances to quash.

 

 

2

another one cheuq issued by me i also authorised to sign .

for which legal notice from advocate recvd and replied on -05-06-2012.

summons not servd... meanwhile court issued npw for non appearance fo first time.

without issuing the summons myself and advocate not appeared. i checkd thorugh lawer...they mentioned summons not recvd refused by me.... no body given summon... when my wife recvg summon they bring and taken back...

what can we do. in this regard.   please help me..

 

all cases at karnataka......state to rules will change... in chennai first appearnce not appeared they will issued

bailable warrent, after that npw.. after serving the summon.  in my case summon not served. for my wife one cheq only lawer notice recvd another two cheques not recvd but i understand through my lawer... they filed case with court and  waiting for the summon....



Learning

 1 Replies

v.jayachandran (advocate)     11 January 2013

you can challenge it in the court with your party ledger and purchase summary and for that first you attend the court regularly without missing any hearing, first produce surety and get bail in your first case, then see an advocates advice to handle that nbw and then conduct the case. produce your party ledger where purchases made and payment made to that dealer will be entered and prove that these cheques are produced as security only.

if you are in chennai then you can contact me

V.Jayachandran MBA BL

Advocate

No:20/23, K.V.K Swamy Street,

Nehru Nagar, Velachery, Chennai-600042.

Mobile: 9840878704.


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