raju kumar rana (self) 26 August 2017

Sec 138

sir

i want to know that ca i file discharge petition in civil court under sec138 . the story of case is that i had lost my cheque book in 22 APril 2016 which i had informed the bank that my cheque book has been lost so please stop the payment of the said cheque book . after one year sombody has filled case under sec 138 he has given me the notice to pay the cheque amount which i had replied that you are doing wrong and there is no legal liablity on me but he filled the case under sec 138.In the court he has simply attached a copy of ledger showing outstanding amount of 3210000/- on which cheque is part payment of 2431000/- he has said we have supplied goods whose outstanding is this ,he has not produce any supply agreement copy ,not the place where he has supplied the goods .only asimple ledger

what should i do know

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8 Replies

Siddharth Srivastava (Advocate) 26 August 2017

You seem to have good case. Did you have also reported the matter to police regarding loss of cheque book? Copy of ledger does not constitute any agreement and nevertheless it is complainant's document. Details are required to be examined. Sidharth 9811776422

R Trivedi (advocate.dma@gmail.com) 26 August 2017

1. Do you know him? 2. Did you have any transaction with him? 3. What did you do after receiving the notice? Did you file complaint against him? 4. Did you come to know about dishonor from your bank before his notice? If yes, what did you do? 5. What is his complaint?

(Guest)

Questions raised by Mr. R Trivedi are very much significant in this case.... Answering the questions will bring a light in the case and will help us to come to a conclusion

Also the advice sir Siddharth is correct

Advocate Bhartesh goyal (advocate) 27 August 2017

Copy of ledger is not sufficient proof of supply of goods,complainant has to prove by cogent evidence ( purchase order,invoice and challan( receipt of goods ) etc,that cheque has been issued against debt or liability else his complaint is liable to be dismissed.

raju kumar rana (self) 27 August 2017

Sir simply producing the cheque and fill the amount of so much hafty amount is justable without any supply agreement and without any details of good u can harsh any body then our law is one sided it is to be changed sir iwant to know that the document attached at time of filling can be change or any documeNt can be inserted by the complaint

raju kumar rana (self) 27 August 2017

R Trivedi (advocate.dma@gmail.com) 28 August 2017

All presumption based laws are difficult and appear one sided. During cross examination if you dispute the entries in his ledger, then he can produce bills etc.