Sec 138
nitin gatagat
(Querist) 26 September 2018
This query is : Resolved
I am complainant in my case.. I am distributor for led lights. I had done a distributor agreement with a party. I had taken 3 blank cheques @agrreement for credit sale.and also taken bg from bank for the same.
After few months dispute with us for margin n days of credit . On that day outstanding towards them was 12 lakhs dated 30.9.2017.
But in August 2017 he send me notice that he had done stop payment to all cheques and no dues with us .
I showed to my lawyer that notice he advised me to encash bg as soon as . I did the same. For rs.4 lakhs .Dates 20.8.2017
In between that the party returned stock of 3 lakhs to me also. Dated 19.8.2017
My lawyer directed to fill a cheque with date 16.8.2017 as I received stop payment notice for 17.8.2017 . He filled the amount 6 lakhs and put the cheque for clearing on 22 .8.2017
.. actually total due when dispute stars was 12 lakhs ..
I had received bank guarantee payment and stock after cheque date and before cheque bounce
My lawyer send notice .. and not mentioned the facts of the receved stock and bg payment
In court complaint also he did not mention. Now the opponent taking stand that cheque was given as security and was blank.. he also saying that after cheque date payment done to me..
I did mistake in writing date on cheque . Can judge consider this as mistake or consider as suppression of facts
nitin gatagat
(Querist) 27 September 2018
My lawyer saying now he is having busy schedule so I can handover it to other lawyer
nitin gatagat
(Querist) 27 September 2018
My lawyer saying now he is having busy schedule so I can handover it to other lawyer
nitin gatagat
(Querist) 27 September 2018
My lawyer saying now he is having busy schedule so I can handover it to other lawyer
KISHAN DUTT KALASKAR
(Expert) 27 September 2018
Dear Sir,
The Appellate Court can give you justice on technical point as trial courts always concentrate on only facts. Mistake of fact is fatal to your case.
I could have explained more if background is known to me. I am at your service if you visit my office.
CLICK ‘like’ if satisfied or CLICK ‘Talk to Lawyer‘ for further clarifications
