In our co we were supplying imported scrap to a partnership firm having a furnace for almost two years. They were giving post dated cheques for payment against delivery of shipping documents.
There were regular payments for one year but thereafter the cheques started bouncing and they replaced the cheques with new one . However finally we had to file a criminal case under NI act .
As we know how fast Indian courts are the first hearing in the case filed in may was fixed on 10th sept 14 . Defendents though were served with the summons did not appear in the court and the court told that the case is to be shifted to place from where cheques have been issued .
The irony is we have office in dindoshi Goregaon east Mumbai and the case was filed in Borivil court nearest to our office . Judge says that cheques were of Nariman point branch of Punjab national bank so case should be shifted to nariman pont court as supreme court says that it should be filed near the drawee bank court. Again for shifting this would be decided in next hearing in jan 15.
So it is going to take long time .I want to know whether In our co we had supplied scrap to one partnership firm having a furnace simultaneously I should file a civil suit too for the same dues as I am not hopefull of an early decision in criminal case.
