Case U/s.138 of NI Act 1881.
Querist :
Anonymous
(Querist) 03 May 2010
This query is : Resolved
Please guide me on below stated queries.
We are special products manufacturing co.,- Despite repeated follow up our client is not releasing pymnt against supplied materials. We are having parties blank cheque duly signed by him & issued by him when business started with us.
Q 1)Can we deposit that blank cheque in the bank duly filled full outstanding amount ?
2) Against dishonored of the same can we file the case u/s.138?
3) Is there any judgement of high/supreme court regarding utilization of security cheque and filling cases?
4)Please guide me on INK READING.
RGDS.
adv. rajeev ( rajoo )
(Expert) 03 May 2010
you can file a case u/s 138 of NI Act by using the cheque, but burden lies on you to prove that cheques are issued recently.
It is to be known that, have you signed on the counterfoil while receiving the cheques by putting a date?.
If the accused filed an application to send the cheque for ink verification you can take the defense that cheque is recently issued, otherwise it is difficult for you.
Guest
(Expert) 03 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING BLANK SIGNED CHEQUES KINDLY NOTE THAT.
1.YOU SHOULD PROVE IN THE COURT THAT THERE WAS LEGALY ENFORCEABLE DEBT ON THE DATE OF DISHONOUR OF THE CHEQUE.
2.YOU MAY DEPOSIT THE CHEQUE AND GET THE SAME DISHONOURED.AND GIVE A LEGAL NOTICE UNDER SEC.138 OF N.I.ACT AND THEN FILE THE CASE WITHIN LIMITATION PERIOD .
YOU WILL SUCCEED.
GOOD LUCK.
YOU MAY WRITE OR CALL FOR ANY FURTHER HELP.
THANKS
