Anonymous
04 May 2010 at 12:34
Respected Sir,
i run an advertising agency. last year from april to november i released almost 19-20 advertisements of my client (pvt ltd company) in various newspapers. against which i took 95 days credit cheques against each advertisements.Client continuously asked me in written and verbally not to deposit the cheques and gave me excuses that they have not got required response from the ads and they are short of money now etc. As a client we gave them some time but one day they emailed us and said to deposit the cheques for some amount out of the total amount on after 20 days and also said that if possibble they might clear some more amount against the due cheques but the thing was that they additionally said that if they will not be able to fulfill their commitment then they will pay us 18 percent intrest. initially i agreed and confirmed them to do that. but on the very nexy day they verbally said to us they their email is no commitment and it is just sent to us for our satisfaction then i immediately emailed them confirming that i have lot of pressure from newspapers to whom i have to make the payment and i can not stop your cheques and additionally wrote that as per our discussion i am going to deposit the cheques so make sure that there is enough balance in your account. Here one point is very important that as asked by the client, i deposited some of the cheques on the date on which client wanted us to deposit but unfoetunately apart from one cheques, all the cheques were bounced due to insufficient of funds. after the bouncing of cheques worth rs. 1.60 crores i gave my client a notices for which they did not care to answer then the we filed 7 cases of cheques bouncing under 138 n.i act in hon'ble court. Time passed by and court issued 2 summons 1 bw and 1 nbw to M.D of the company who's signature was there on the cheques. On the next day of the date of NBW client silently appered in the court but fortunately we got the information and we also appered in the court. Well now client has got the bail but in their bail application they have said that the client issued the cheques as security but we deposited the cheques and filed the case against them so 138 n.i act can not be forced against them. Next date of case is 18 th april,10. Sir we and client both know what the facts are but client is trying to twist the case. we have got work orders of the client/ emails of the client requesting us to delay the cheques and giving us excuses and no where term Security cheques has come but only term PDC is used by us and they have accordingly answered us.
My question is what should be my strategy now in this case as client is trying to be smart with us and trying to delay the proceedings and get out of the 138 n.i act? What should be my prepration/ points on the next date..also let me know what are security cheques and why they are trying to proove the pdc's as security cheques?
Sir, to proove my claim i have got correspondence between me and the client through emails where time to time client is requesting me to hold the cheques or telling me when to present the cheques. otherwise also in my emails i have always used the term pdc (post dated cheques) and accordingly client has replied.
apart from it client also wrote a signed letter to me which he sent through attachment of email in which he gave me details of the cheques with their respective dates and amount and gave me fresh deposition dates...moreover they issued me pdc's against each ad and for the exact cost of the ad (example : ch.3838383 dt 12.12.12 for rs. 123456.00) in many of their work orders also they have wrote a language '' payment of this advertisment is being done by chno. 112222 dt.12.12.12 for 123456.00 (cheque date used to be of after 95 days like their other cheques).
SO WHAT TO SAY EXPERTS....?
H.Vijayakumar
04 May 2010 at 12:11
Dear sir,
This has reference to the Dishonour of electronic funds transfer for insufficiency, can we file a complaint in the criminal court or what are the remedies for the same.
Thanking you
Yours faithfully
H.VIJAYAKUMAR
C Ignatius Joseph
03 May 2010 at 22:39
I MET WITH AN ACCIDENT IN 2005 (THERE WAS TOTAL DARKNESS ON THE ROAD & MY BIKE TOPPLED OVER A STONE KEPT ON THE ROAD). I WAS ADMITTED TO HOSPITAL WITH BROKEN LEFT CLAVICLE. AS A STANDARD PROCEDURE, THE HOSPITAL INFORMED THE POLICE REGARDING AN ACCIDENT CASE. NO THIRD PARTY WAS INVOLVED IN THE ACCIDENT & NEITHER I HAVE CLAIMED THE INSURANCE. IN THE 'FIR', I HAVE MENTIONED ABOUT THE DARKNESS AS WELL AS THE STONE KEPT ON THE ROAD FOR INDICATION OF A HOLE DUG UP. THE POLICE REGISTERED A CASE OF 279, 337 & 338 AGAINST ME .THE CASE HAS COME UP FOR HEARING ON 12 MAY 2010. WOULD REQUEST A SINCERE ADVICE. THANK YOU. CI JOSEPH, 09423214683
vinod bansal
03 May 2010 at 22:00
R/Members
A person who is convicted for life imprisonment in a murder case and whose crl appeal is pending in Supreme Court,presentally he is on bail by supreme court and order is reproduced here as"
In this view of the matter and on consideration of the totality of the facts and circumstances of the case, we deem it
appropriate to suspend the sentence of the appellant No. 1 on his furnishing personal bond in the sum of Rs. 20,000/-
with two sureties of the like amount to the satisfaction of Additional Sessions Judge,"I want to know whether he can contest municipal council election. As i have heard that representation of peoples act debar only for the election of MP /MLA or MLC Kindly suggest as last date for nomination is 7th of May.Thanx
Anonymous
03 May 2010 at 21:54
Hi,
I want to know that under section 13 of the P.F.A. Act whether registered post of Public Analyst report to accused shall not be presumed served untill prosecution proves that it is duly served to the accused. What is the latest situation or rulings regarding this matter. Pls help me.
Parthasarathi Loganathan
03 May 2010 at 17:34
After the advent of mobile phones, users are exposed to many menaces from business promoters like SMS alerts, business promotion and advertisement calls, etc proving hindrance to the normal usages. Even without express or implied consent Mobile numbers are listed for the business promoters at the expense of genuine usage of incoming calls or SMS facilities. Adding insult to injury, there is no ban imposed to play MP3 players which are built in handset with high volume in public places. Mobile members are exploited for many cyber related crimes. What is legal option left to the user to bar the service provider from giving the subscriber numbers to such business promoters?
Md Shadab Ansari
03 May 2010 at 17:28
Hello Learned Members,
please Suggest me a good book of Criminal Trials..
Thanks
Anonymous
03 May 2010 at 17:18
My friend father has filed Insolvency Petition before the Court of Law, in which he has arrayed the persons from whom he has borrowed money. He has got IP number also.
Now, one of the lenders has taken him into their custody illegally and taken keys of my friends house and making threatening calls to him that he should pay for his dad or else they will occupy his house
and will not leave his father. they all are influential people. can they occupy my friend's house like that. they have taken blank signed white papers and cheques from his father also.can u suggest something for him.
Anonymous
03 May 2010 at 16:16
Respected sir,
My wife had filed 498a/406/506/34, for which I was granted AB from the session court. Now i want to apply for the regular bail as the challan has beeen submitted in the court and NDOH is fixed for 6/5/10. what i have to do now.Now also the other party will oppose my bail applicatio in the court as sec 406 included in that. And no recovery was made till date by the IO .And other party presence is also required in court. Kindly suggest what is to be done.
with regads
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
u/s 256cr.p c of138 n i act
B.Lakshmaiah Vs Veeramalli Nagesh & Anr