Case of cheating
Querist :
Anonymous
(Querist) 14 October 2011
This query is : Resolved
i m a businessman.i used to supply goods to one of my party.i have got some cheques of that party.now the party is avoiding of making payments.i have got more balance due except cheque amount.can i claim all my money and want it in a faster way...
Chanchal Nag Chowdhury
(Expert) 14 October 2011
The chqs. have not been dishonoured.So how is he cheating?
U R free to press for the balance.
Sailesh Kumar Shah
(Expert) 14 October 2011
Issue legal notice, if payment not received thereafter you have to file civil suit for recovery.
Sankaranarayanan
(Expert) 14 October 2011
yes for the balance amount you can send the legal notice , with proof of delivery note with their official acknowledgement seal and invoices ,If any official purchases order he has given is more authentic for you,
kuldeep kumar
(Expert) 14 October 2011
YES FOR BALANCE AMOUNT RECOVERY CAN BE MADE.IT DOES NOT MATTER WHETHER CHEQUES R HON'D OR NOT.
Advocate M.Bhadra
(Expert) 14 October 2011
If you have retain some cheques, then it deposit to the Bank, if it would dishonored by Bank then send a notice and file a case u/sec.138 N.I.Act.,for others outstanding you may file a Civil Suit.
Arun Kumar Bhagat
(Expert) 14 October 2011
In case of dishonour of cheque you can not claim more than the cheque amount.
Guest
(Expert) 14 October 2011
You will have to work in a planned way for extracting your dues. First creat instance of cheating and only after that think about daling with the cheating case. So, first deposit the cheques and see if the cheques are honoured or not. If dishonoured then go for the criminal case under sec.138 of the NI Act only for the amount equivalent to the amount of the cheques after issue of due notice. Thereafter, issue separate notice about payment of your balance amount also. But, beware, if you are holding the self cheques of the party, the position will be different even if the cheques are dishonoured.
ajay sethi
(Expert) 14 October 2011
file a summary suit for recovery of outstanding dues .
in addtion file criminal complaint for cheque bouncing in respect of amount involved in cheque
Sri Vijayan.A
(Expert) 15 October 2011
If you have remaining cheques, present it in bank, if dishonoured, initiate criminal proceedings u/s 138
Or otherwise initiate summary suit, which are the faster way.
Regarding these things consult your local lawyer.
