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Yash Agarwal (Proprietor)     06 June 2014

Re: security deposit cheque bounce very complicated plz help

we are a dealer of a company doing business from 2005

We have given a blank security deposit cheque on 2006 with a writen proof from company.

All our dues were cleared and a credit note was due to settle all the account ( branch manager given a writen document that the creidit note will be issused ) and the account balance will be ZERO

but company filled 138 on 2009 in delhi court. From there the case was transfered to kolkata for juridiction issue. Because we deal in kolkata 

But till now the case is moving in kolkata court only.

2014 June kolkate court is been changed from one court to another court in the same place.

We have received new summons.

 

1 Plz Tell What to do now?

2 Can We counter file a criminal case now (material alteration)

3 How to handle the current 138 case on us.

Please help 

Thanks in Advance

Yash Agarwal

 

 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 June 2014

Attend for court summons and contest the case with the help of local lawyers on your behalf.

1 Like

Yash Agarwal (Proprietor)     06 June 2014

Yes we are attending the court But shall we counter file the criminal case on them Or just appear on the case on me. My local lawyer is saying to attend the case. But he is not telling any further work for my protection. Plz point out any plus point on my side and the process to use it. Thanks for replying instantly Really thank you

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 June 2014

Dear Yash if you have proof regarding the security cheque then file a discharge application before court in which the matter is pending and argue the matter with HC/SC judgments. In many cases the HC/SC held that security cheques do not come under the NI Act and on the ground the complaint is liable to be dismissed and the accused should be discharged. Feel free to call
1 Like

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