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138 NI Case

(Querist) 14 July 2010 This query is : Resolved 
Dear Expert,
I myself Manjeet Magar, from kolhapur just read your article on web. I wish if you could help me through my matter. summary as follows
I was into trading business of cattlefeed in kolhapur district since 2004. We would purchase cattlefeed from Rajarambapu Dudh Sangh, Ltd, Islampur and send them to our customers as transit sale. We were use to renew our aggrement every year and give them blank cheque along with it. The last aggrement we done was in 2007 and had also given a blank cheque along with it. The above company Rajarambapu Dudh Sangh send us notice in 2008 demanding for dues which are actual. I paid them some of the amount from it in January 2009. Then they filed the 138 NI complaint against me providing the cheque which was given in 2007 against agreement. These are some of the details of the case can you please guide me through the matter.

Thanking You,

Regards,
Manjeet Magar
Devajyoti Barman (Expert) 14 July 2010
If case is filed for cheque bouncing you could always get a chance to rebut the presumption of existence of debt.
Basavaraj (Expert) 17 July 2010
see yif the said cheques issued towards security then you need to warry, ofcourse the burnden of prove lies on you to prove theat you have issued the cheqes towards security, not for any legal debts.


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