U/s138
Amrit Kumar
(Querist) 23 July 2012
This query is : Resolved
My firm M/s Anmol International had been dealing with M/s B M Metal since 2005.both parties use to maintain a/c books
Cash book and ledger, All the transactions of payments through only cheques only.
I am accused Proprietors of M/s An mol International issued two cheques in favor of M/s B M Metal works I.Ch No. 891375 Dt. 12/5/2010 for Rs.100000-00 .II Ch No.347046 Dt 25/5/10 for Rs.40000-00as advance cheques but they did not supplied martial to us , Mean time both cheques had been bounced because their no balance in my bank a/c but already my balance is lying as advance Rs.41780-00 with complainant.
On failed both cheques amounting Rs.140000-00 .B M Metal sent me notice for Rs. 140000-00 through advocate on 25/5/10
In reply of the notice I said that already Rs.41780-00 with him which he liable paid to me as per accounts books of his firm.
But at last he put the petition on me u/s 138 for cheque amount Rs140000-00. In words of B M Metal the material had been
supplied to accused without bill ,this transaction is not mention in their a/c statement attached with petition (is this transaction illegal or legal) but complainant admitted in his witness . And he is also admitted that he is liable to be pay Rs.41780 to accused as per his a/c books, copy of a/c attached which shown Rs.41780-00 to be paid by him to accused.
No evidence for debit on me. In Words of complaint, goods were supplied to accused without bill, Please tell me this transaction is legal or illegal. Complainant could not prove the liability on me legally, I think so without bill goods supplied material is illegal transaction.
On trail of case no question put me by prosecution or by judge.
On the finally order date judge give the decision against me one year prisoner +Rs, 10000-00 fine to me.
I am very surprised o finally decision. Please suggest me right way for me . now I am on bail for appeal
ajay sethi
(Expert) 23 July 2012
before giving any advise it is necessary to peruse the order passed by judge . you must have engaged a local lawyer . go by his advise .
