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younis amin (PROP)     22 March 2012

Blank cheque misused

i am in IT buisness from 2007 , and my age is 29 years , at till date , i  started buisness with with of the leading IT distributors of IT namely ses technologies  in 2008 and i was nearly 24 years old and was unaware of the consequences of issuing a blank signed cheque . and the buisness was running smoothly , we billed on terms of cash.

now after few months of buisness they convenced me some how to expand the scope of buisness with them and they will provide me credit facility of 21 days and asked me to deposit the cheques on time and their branch head insisted me to provide some blank cheques as a security , without date and amount.

After a certin time their was a serious fraud in company and company started winding up and at the same time some of the dealers who owe me money did not paid me the money and i was financially a bit week for couple of months .

i did not paid the pending dues to company on time , they instructed me to pay the dues or else they will utilize the cheque. i starded to collect the amount and used to transfer them in parts.the amount they demanded was nearly 1,48,000. 

our transactions/relations(me and ses technologies) were wholly commercial and hence we are only liable to pay amount againest raised invoice.

and one day i received the notification from their lawyer , i did not minded it and replied back to local branch office instead of lawyer.

and then i continued to deposit partly payments. now the company has sent the chq for clearing and it was bounced due to unsufficiant funds.

but i have already paid the amount and have only holded nearly 20,000(twenty thousand rupees) for the purpose of damaged / warranty material.

i again called their H.O at mumbai. they convenced me that we will hold the case and start internal (departmental )audit to look into thematter and i was satisfide.

now nearly after 8 months i am reciving a letter from mumbai metropolitan court  "show cause for not issuing NON BALABLE warrant for not attending the court "

and the worst is i lost the notice.

Now please suggest me what to do 

 



Learning

 14 Replies


(Guest)

Dear Younis

Pls  ask in short.

than everyone can provide you legal solution.

 

younis amin (PROP)     22 March 2012

I think I had discribed it shortly as i the case history is important

younis amin (PROP)     23 March 2012

Dear mr ashish. As I have mentioned that court is asking for show cause for not issuing non balable warrant which means that case is still alive in court and what clearification can I give to court as I have not attended any hearing by court because I was ensured by the company (ses) officials that case will be taken back.

younis amin (PROP)     23 March 2012

But I am in delhi and case is in mumbai and I don't know the next date of case ,how should I confirm the date in case and arrange a lawyer in mumbai if you can help me in that please let me know

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 March 2012

Get the details of the case from the company and you can get the case transfered from mumbai to Delhi since the co has branch office there.

rohan (vp)     29 March 2012

Dear Mr Ashish  ,

 

I have seen your reply regarding getting case trasnferred to delhi .   Can you please help us in getting a  cheque bounce case ( outstation ) transferred to delhi . .  

 

regards,

 

gp

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     29 March 2012

There are methods and procedures for getting the outstation cheque cases transfered. But the methods are based on law and facts so simple transfer applications do not work. Since for transfer application notice will be issued to other side and they will oppose it. More over for interstate matters you have to make application to SUPREME COURT which will be very expansive.

There are other thechniques which depends on case to case so please give complete details of case for proper advice and methods.

rohan (vp)     30 March 2012

@ ashish ,

 

can you please give me your email id so that I can contact you .

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     30 March 2012

Raise technical issues first which will be many and go in revison for smaller issues only.

If the above persons can get you transfer it is all right , other wise contact with all the papers for proper course of action in the matter.


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