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dj4853913@gmail.com   05 October 2017

Sec 138

dear sir
I am from Nashik. I do business of led lights.. I had given 3 blank cheque to a delhi based company ...
suddenly dispute start with us .. I had done stop Payment..
total due when I stopped work was 30 lakhs as per company Books which I had not admitted..
after few days .i.e on 22.8.17 I send them legal notice regarding stop Payment of cheque done and don't misuse cheque.. and they received this notice on 27.8.17..
onn21 .8 17 I returned pending stock of almost 7 lakhs almost..they received stock on 27.8.2017
on 28.9.2017 they utilised my bank guarantee of rs.4 Lakhs also
after received my stop cheque Payment notice company used my blank cheque and put date of 21.8.17 for 15 Lakhs only and bounced on 1.9.2017 with stop Payment remark....
now I received notice that .. total outstanding due towards company was 15 lakhs only and after so called reminders from company I issue cheuqe to them of rs.15 Lakhs..which was bounced with stop Payment remark ..
company had put 21.8.2017 in panic as my legal notice date was 22.8.2017..
please tell me can they consider my goods return amount and bank guarantee amount on there Books before encashed. cos it's done after cheque date and before bouncing date .. and they already claimed in notice that total due was 15 lakhs which was actual 30 .. please revert



Learning

 5 Replies

dj4853913@gmail.com   05 October 2017

revert any

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     05 October 2017

Sir, 

 

Let them file a complaint and then use all your defences, ... It can be used .... 

 

Warm Regards 

Kapil Chandna Advocate 

Delhi High Court 

9899011450,9911218741 

 

 

dj4853913@gmail.com   05 October 2017

sir they filled compalin in court ,,  so i am asking this .. can  i go for quass on above  grounds

Siddharth Srivastava (Advocate)     05 October 2017

Your act is within bouderies. Since you have already demanded your cheques so it seems that they have misused the cheque. You can approach high court for quashing of complaint, if filed by them. In complaint you can put the condition under which cheque was given. Cheque given as security does not attract prosecution u/s.138 NI Act. Consult a lawyer with details.

dj4853913@gmail.com   05 October 2017

dear sir
I was in debt at the time when they utilised my cheque but due to there wrong interpretation they added future transaction which are not happens and considered .. and reduced debts that amounts set me free from legal action

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