Cheque
Raja Mohd
(Querist) 22 July 2011
This query is : Resolved
Hello everyone, Thanks in advance.
I issued a cheque for Rs 3,75,000/- dated Mar-31-2011 to a party as my mom had received a loan from the private party. We made the payment of Rs 1,75,000/- as cash payment so only 2,00,000/- was pending. hence they din't return the cheque and was holding it for security reasons. Later I came to know that there is a discrepency in the amount that had to be repaid (2 lacs)so I went to bank and instructed them to stop the payment for the provided cheque, as the dispute was going on they recently in the month of June, the cheque come to account and it was dishonoured due to STOP PAYMENT. the actual dispute between my mom and party, they have nothing to do with me and all I did was issued the cheque for the security reasons. now they have sent a statutory notice to my office and it was received by my company worker, My question are as follows;
1, Is it possible for them to file this under 138 section as the dispute is not yet over between the parties.
2, Is the statutory notice received by my worker be considered as I accepted the legal proceedings? (It was just normal postal)
3, What should I do next
please help
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 July 2011
wait for case to be files and contest it when you recieve notice from the court.,you can come out it.
Guest
(Expert) 22 July 2011
What was your role in the loan case, i.e., if signed as a surety or witness to any document/ deed/receipt/ agreement, which could have made a mention of your cheque with amount?
Raja Mohd
(Querist) 22 July 2011
No, I never signed on anything,, not even on a single paper, everything between my mom and the party, infact i was not at all present when money was given to my mom and without my knowlegdge, she got the loan on interest from a private party (10%interest). when we gave Rs 1,75,000/- as cash, we got the written sign of the private party stating that only 2 lacs is balance,, but the depoisted Rs 3,75,000/- cheque. which wasn't true.. help pls..
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 July 2011
Need not worry even if the case is filed there are sure and simple ways to come out it but be alert from day one of the case.
Raja Mohd
(Querist) 22 July 2011
Okay,, would I receive any more notice, Do I need to receive it or ignore it that is going to come up.. what would they do.. I have no idea about this.. please explain.. how does it work
Arif Iqbal
(Expert) 22 July 2011
Reply the notice ... thorough your lawyer.. specifying each and every grounds of your stand....
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 July 2011
Remember you are bound by the reply of any notice which may have admissions due to carelessness so unless expert advice keep quite and wait for court notice , you can win.
THANKACHAN V P
(Expert) 22 July 2011
1.They should produce the A/D card before the court to show that they have sent statutory notice.Then only the complaint will be taken on file.
2.If it is not a registered notice they cannot prove the issuance of notice.
I think notice is defective . So please wait and see.
Guest
(Expert) 23 July 2011
With reference to your clarification, it can be said that you are quite safe in the case, as no liability rests on you. You are not liable to pay even a single penny.
Moreover, even if the party has given in writing that only 2 lakhs are due, he was not supposed to present the cheque for the full amount of 3,75,000 that too without the consent of your mom. Alternatively, he can be booked for his intention to cheat when so much amount was not due from your mom. He was supposed to take a fresh cheque of Rs. 2 lakhs from your mom.
He is sure to lose the case.
Raja Mohd
(Querist) 23 July 2011
People.. thansk for all your help...
