Non payment of our due amount

Querist : Anonymous (Querist) 01 December 2011 This query is : Resolved
dear sir,
-we sold a material to customer worth Rs 162020 dated 28-09-2011.

-he give us 3 cheques Rs 32000 dated 20-10-2011, Rs 71020 dated 20-10-2011 and 70000 dated 10-11-2011.

- out of 3 cheques 2 cheques dated 20-10-2011 dishonoured due to exceeds arrangements on 21-10-2011.

- we are regular in touch with the party to give the dates of all three cheques but he is not giving proper reply.we didnt give notice till 1-12-2011.But now we want to take legal action against him.Moreover we personally enquired in his bank that he has made stop payment all 3 cheques by giving reason as cheques is destroyed

So it is kindly requested to you to suggest us what should we do?how we should give him notice?
plz reply its very urgent.

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Querist : Anonymous (Querist) 01 December 2011
all the three cheques are held by us.He is pursuing us to return the cheques but we dont want to give as we think his intention is not good.

ajay sethi (Expert) 01 December 2011
redeposit the cheques . then issue legal notice on dishonour of the cheques . i presume that on first dishonour no notice was issued .

Sankaranarayanan (Expert) 01 December 2011
well mr sethi given right advise. because with in the stipulated time you have to send the legal notice, so you re deposit it and get banks intimation regarding dishonor for your vital evidence, and send the legal notice

Querist : Anonymous (Querist) 01 December 2011
dear jay sethi ji,
thanx first of all .your presumption is absolutely right as we never given any legal notice till date.i have one more querry. if the said party has made the stop payment of all 3 cheques (out of three two has been already dishonoured and 1 is fresh) then what we will do in this situation? plz reply.can we recover our amount in this situation also?

ajay sethi (Expert) 01 December 2011
yes even if party issues stop payment instructons then also complaint under section 138 NI is maintanable .

Querist : Anonymous (Querist) 01 December 2011
thanx sir.

Devajyoti Barman (Expert) 03 December 2011
Yes agreed..

Sailesh Kumar Shah (Expert) 06 December 2011
Mr.Ajay Sethi Rightly answer both question of the queriest.

prabhakar singh (Expert) 06 December 2011
yes! agreed that the query is already closed with satisfaction.

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