Sec 138
unknown
(Querist) 22 May 2013
This query is : Resolved
I am working as supplier of FMCG co. I supplied material to different distributors in haryana. My problem is with one distributor as i supplied material to him in jan-12. No payment was given by distributor hence we used blank cheques of distributor kept with us as security they bounced and we processed the case in sec 138 accordingly.
Now the problem is:
1. distributor has given receiving of material on the duplicate copy of bill and wrote cash paid also on it .
2. we have filed case in name of "A" proprietor of mnc firm. now we have come to know that person "A" is not a proprietor of mnc firm but employee of that firm (he is son of the proprietor)and he is in job profession in different firms/co's from 2000.
My query is what will happen in court
1. cash paid written on bill receiving copy
2. case filed in wrong name
Please guide
ajay sethi
(Expert) 22 May 2013
. you have filed case against person who is not prtoprietor . similarly since cash has already been paid there is no debt due and payable . accused would be acquitted
Parveen Goyal
(Expert) 22 May 2013
Dear sir
can other party ask for compwnsation in same court. if he asked for same what can happen.
Raj Kumar Makkad
(Expert) 23 May 2013
We do not provide the replies against the queries raised by anonymous persons.
Guest
(Expert) 23 May 2013
A query is raised by an "unknown" (anonymous) person, seemingly a big supplier who can afford hiring of a good lawyer for his case, but does not want either to reveal his identity or what his lawyer says, if engaged by him.
Another puzzle has been created by the query, "can other party ask for compensation in same court. if he asked for same what can happen," of Shri Parveen Goyal. It is not understood, what relation Shri Parveen Goyal has with the case or the querist, when he puts a supplementary question, as if for and on behalf of the querist.
Would both the "Unknown" fellow and "Parveen Goyal, like to clarify the tangle?
Parveen Goyal
(Expert) 23 May 2013
Dear Sir
Sorry to you all if I hearted your feelings. I am not related to querist. This question arrised in my mind when I was reading the post so I asked the question. Intensaly I am not wrong. Heartly sorry again. Regrds
Parveen
ajay sethi
(Expert) 23 May 2013
oops did not realise it was an anonymous query. my mistake
Guest
(Expert) 25 May 2013
Dear Parveen,
Until and unless the original query was replied after submission of the needed facts by the originating querist, your supplementary question was not justified. Moreover, if you were desirous of getting some information, you could have put a question independently and separately from the present query of the originator instead of addiing your question along with or in continuation of his query.
V R SHROFF
(Expert) 25 May 2013
Parveen Goyal said ""In Nov-2010 I joined the firm whose proprietor is my father. My joining was totally as a full time employee not as a profit holder. In dec-11 I got accidented and resigned because I was on bed rest till April-2012.""
unknown said here "now we have come to know that person "A" is not a proprietor of mnc firm but employee of that firm (he is son of the proprietor)and he is in job profession in different firms""
both 138 related security cheque
Guest
(Expert) 25 May 2013
Shroff ji,
If Parveen Goyal has stated, "In Nov-2010 I joined the firm whose proprietor is my father. My joining was totally as a full time employee not as a profit holder. In dec-11 I got accidented and resigned because I was on bed rest till April-2012," he would have stated that in some different thread, as the said statement is not avilable on the present thread started by by "unknown". Both being different threads were not expected to be mixed up by any one of the querists. Mr. Parveen Goyal should have posted his supplementary query in his own thread, but not in context with the query of "unknown."
So, he is still welcome to post his supplementary query in the thread of his own post. He can however, place the link of his own query for inviting the attention of the experts for getting their appropriate opinion on his own problem.
V R SHROFF
(Expert) 25 May 2013
http://www.lawyersclubindia.com/experts/Instrument-act-sec-138-374701.asp
Shri Dhingraji,
If u go thru the thread, you realise the similarity that tend to believe, its are same parties. That's probably the reason, he replied present query.
It also replies your Q
"Another puzzle has been created by the query, "can other party ask for compensation in same court. if he asked for same what can happen," of Shri Parveen Goyal. It is not understood, what relation Shri Parveen Goyal has with the case or the querist, when he puts a supplementary question, as if for and on behalf of the querist."
may go thu profile & activity of both unknown & parveen: It seems one and the same. That's the reason..
http://www.lawyersclubindia.com/experts/experts_display_list_by_category.asp?cat_id=7
Guest
(Expert) 25 May 2013
Shroff ji,
If that is so, that means the querist has two accounts with different identies, which cannot be expected of a member of the LCI. But, still, he should have posted his supplementary query in the relevant thread only by not leaving the scope of any presumption by anyone. If he is the same person with two different identies, he should not have expected any help from the members of the LCI on account of his supposedly deceiving nature.
V R SHROFF
(Expert) 25 May 2013
True,
That's why both are silent after our comments. No explanation coming from them.
Guest
(Expert) 25 May 2013
Naturally, they should have taken the lead to clarify our doubt without any delay.
Parveen Goyal
(Expert) 28 May 2013
Sorry Sir
I was not able to attend your suggestions as I was not in city. Sir I don't know the original query person.
I am unknown to him/her. Actually I regularly gets update mails from lawyersclubindia.com as registered member and on looking on this query a question was raised in my mind, so i asked the question for my knowledge update.
I asked question only after when original query was answered by Respected Expert Member Sh. Ajai Sethi on 22-05-2013.
Sir, I again feel sorry to all if this hurts your feelings. I really don't mean it.
