Sec 138
Querist :
Anonymous
(Querist) 03 October 2017
This query is : Resolved
dear sir
I am from Nashik. I am running business in name of Dinesh agencies. I came in to agreements with a company for selgling there led bulbs. blank cheques given them on agreement. I had also given them bank guarantee of rs. 3 lakhs to them.. some times later dispute started with company. when I stopped business total outstanding due with company was almost 14 lakhs on 15.8.2017 ..on 1.9 .2017they used my blank cheque and put amount of rs. 8 Lak and bounced which was stopped Payment done by me and informed them by legal notice on 22.8 17 ..on 22.8.17 I had send them stock return of rs.4 lakhs and on 26.8 they encashed my bank guarantee rs.3 lakhs
.
now seen is that I received a legall notice that .. after so call reminders I had issued that cheque .. which was already blank signed when given.. 2. actual due was14 Lakh but company send me notice of 8 lakhs..they used words in notice that .... total outstanding due towards company was 8 laks and after so called reminders I had issued them cheque towards legal debts cheque dates 21.8.2017 ... and after 21.8 2017 they received my bank guarantee and stock also ... that is.. total 7 Lakhs... now please guide me .. whether they can consider that future transaction in advance to accounts .and use blank cheque ..
The agreement not contains any clause of cheque.. they demanded me cheques on mail by there company person.. is it considered in agreement
can they change there stand by showing that we had added that amount in accounts.. but they already send me notice that . total outstanding due towards them is 8 lakhs and after so call reminders I had issued them cheque.. that means before 21.8 .17 they reminded me regarding 8 akhs rupees.. which was never done by them.. already stop Payment noticed to them of blank security cheque..after 21.8.2017 i already paid 7lakhs and my claims are pending with them
is itpossibe now comapny should produce 15 lakhs statement actual pending amount in court for standing case or court denies submissin cos in notice they already accepted before 21.8.2017 total outstanding is 8 lakhs only .. they presented my cheue on 1.9.2017 bouned with stop payment remark
Rajendra K Goyal
(Expert) 03 October 2017
No advice from me to an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
