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Rajesh (Director)     29 March 2011

NI138 Case Query

I had purchased the material from company XYZ which has offices in Haryana and Delhi. I had issued one security cheque to him on his insistence, subsequently I requested him for reconciliation as cash was also paid to him, but instead of reconciling he filled up the cheque and got it dishonored with high amount as shown in his outstanding statement. He has not adjusted the cash amount for which I have plain paper receipt. Subsequently I found out an interesting point about his company XYZ. XYZ in Delhi is registered as partnership firm while in Harayana it is registered as properietorship. Name is same. In the court affidavit he has shown the company as properitorship. His outstanding statement which he submitted to court has both Haryana bills as well as Delhi bills reference. He has not stated anything in the compalint / affidavit about Delhi office. Just the account statement has entries of Delhi office Bills. What are my chances on this case ? Please help



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 4 Replies

T.KRISHNARAO (MANAGING PARTNER)     29 March 2011

Mr Rajesh 

In 138 section act the the complanant firm have to show the liability on the date of presetaion to bank the liability from you is must to prove .

If the on the date of presetaion of the cheque to the bank if the liability is not there the case will not stand .

If you have received the notice from the xyz company please reply accordingly and prove that there no such liability of any dues from your side .

consult through your advocate 

regards

T.KRISHNA RAO 

 

 

 

 

 

Rajesh (Director)     31 March 2011

Any more inputs or advise please !!

Rajesh (Director)     30 April 2011

Experts !! Your opinion please

T.KRISHNARAO (MANAGING PARTNER)     02 May 2011

Show the documents to your advocate and get opinion on it

If you have received the notice from the other side please hand over to the advocate .

as the case if faught corrctly it will not stand under section 138 .

Only thing is you have attend the case filed by the party at Delhi / hariyana the place where the cheque is dishonoured .

regards 

T.KRISHNA RAO 

 

 

 

 


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