Sec 138
nitin gatagat
(Querist) 04 June 2017
This query is : Resolved
Smy security cheque bounced in last month by company which was given blank for security purpose only.
I received notice by company .. they clearly mentioned that they reminded me for the outstanding amount and after there so call reminder i handed over the said cheque with amount filled by me .
Now seen is that the amount is filled by company itself with date and i never know the amount due .. they never made any demand for the said amount to me on mail or by any means.. i had already made a stop payment and and also informed to them by legal notice that not to use my cheque then also they did the same.. stop paYment memo received to them ..
As they mention in notice .. i had purposly done stop payment . But i intimated them reguading this then also they misused my blank security cheques .. is case stands. Or i shall go for quashing
P. Venu
(Expert) 05 June 2017
What are the facts alleged the Notice?
Rajendra K Goyal
(Expert) 05 June 2017
You have issued blank cheque hence authorizing the holder to complete it.
You may be in trouble, try to have amicable settlement.
nitin gatagat
(Querist) 05 June 2017
Goyal sir
Issunce of cheque means i had lost my rights is wrong na..
nitin gatagat
(Querist) 05 June 2017
Facts of notice are as
That company and i had cash and carry agrrement for sake of product
That i had raised ordr and tgey raised Bills
That credit due in day to day buissness
That company had reminded me due amount and the time also aftef that o had issued said cheque for legal debts
That stop paymemt memo from bank received
now seen is that
That the said amonut due is not knew to me.
That i had given them blank undated cheuq which they filled and bounced
That i had done stop payment before one month and informed to them by legal notice also that please return my blank cheues and i had stopled payment also
So. Please tell me
Jow i am guilty if i already made known them the effects of chequ Nd also that .. they used wrong theory that i filled and handed over them. If they come with theory that blank security cheque used due to delay in payment wi agreed by anyone..
Please tell mine side is strong
Dr J C Vashista
(Expert) 06 June 2017
Discuss with your lawyer who is better equipped with information qua the instant case.
krishna mohan
(Expert) 07 June 2017
If nothing is payable to them you can ask for details through a legal notice for details of due against which the blank cheque was filed in by them. If due to them against any credit, better amicably settle.
Rajendra K Goyal
(Expert) 07 June 2017
You have issued Blank signed cheque.
You have legally authorized the holder to complete it and present.
What right you want to have for your own action in absence of any written agreement?
P. Venu
(Expert) 07 June 2017
Proceeding under NI 138 mandates the issue of prior Notice prior to commencing the action. You can set out the facts in reply bringing out that there are lawful debt.
