Section ipc-138 i.n. act
KAMAL KISHORE
(Querist) 28 July 2012
This query is : Resolved
R/Sir,
I am a businessman we have purchased 60 computer which bill amount was 15,30,000.00 ( of two bills) i have paid Rs. 2.00 Lacs ,1.5 Lacs and rs0 0.50 Lacs total amount paid Rs. 4.00 Lacs by cheques , we have given our supplier a blank security cheque. but due to configuration problem it was not ok computer. i mail them so many times but they did;t reply me.
after some time then present cheque of rs. 15,30,000/- which is total amount of both bill. & cheque has bounce due to insufficient fund. they have fill case against me.
So, please tell me what i should do now.
prabhakar singh
(Expert) 29 July 2012
What case they have filed?
is it a complaint case under section 138 N.I.Act or a summary suit?
Was any notice served on you by them after the cheque got bounced?
If,yes!was any reply given by you?
However on plain reading of your query no complaint can hold you guilty for bounced cheque as it was issued for security.
Better file a suit of damages against them or a counter claim if they file any recovery suit.
Consult a local civil lawyer well versed in s.138 of N.I.Act.
R Trivedi
(Expert) 30 July 2012
As asked above:
1. Did you receive the notice under S.138 or
2. It is just the civil recovery case ?
You have sound defense on account of
1. Security cheque, which may be difficult to prove.
2. Cheque amount is more than the liability amount. Please confirm if you have any other transactions with the supplier.
If possible please attach the complaint copy for better understanding of your case.
