Sec 138

tulsi (Querist) 27 September 2018 This query is : Resolved
am complainant in my case.. I am distributor for led lights. I had done a distributor agreement with a party. I had taken 3 blank cheques @agrreement for credit sale.and also taken bg from bank for the same. After few months dispute with us for margin n days of credit . On that day outstanding towards them was 12 lakhs dated 30.9.2017. But in August 2017 he send me notice that he had done stop payment to all cheques and no dues with us . I showed to my lawyer that notice he advised me to encash bg as soon as . I did the same. For rs.4 lakhs .Dates 20.8.2017 In between that the party returned stock of 3 lakhs to me also. Dated 19.8.2017 My lawyer directed to fill a cheque with date 16.8.2017 as I received stop payment notice for 17.8.2017 . He filled the amount 6 lakhs and put the cheque for clearing on 22 .8.2017 .. actually total due when dispute stars was 12 lakhs .. I had received bank guarantee payment and stock after cheque date and before cheque bounce My lawyer send notice .. and not mentioned the facts of the receved stock and bg payment In court complaint also he did not mention. Now the opponent taking stand that cheque was given as security and was blank.. he also saying that after cheque date payment done to me.. I did mistake in writing date on cheque . Can judge consider this as mistake or consider as suppression of facts

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KISHAN DUTT KALASKAR (Expert) 27 September 2018
Dear Sir,
In such cases your advocate and yourself must be very intelligent and you should not give any room for suspicion otherwise you will lose your case.

I could have explained more if background is known to me. I am at your service if you visit my office.

CLICK ‘like’ if satisfied or CLICK ‘Talk to Lawyer‘ for further clarifications

tulsi (Querist) 28 September 2018
Any way to reach my money

tulsi (Querist) 28 September 2018
Any way to rescue my money

Guest (Expert) 28 September 2018
What is the opinion of your own paid lawyer?

tulsi (Querist) 29 September 2018
He left my case

tulsi (Querist) 29 September 2018
He left my caSe giving due to personal reason not able to handle case .And left the case.. I met 2 3 lawyers they said he did the mistakes in drafting notice n complain.. he suppressed facts in court coMplain .It's harmful to me

Guest (Expert) 29 September 2018
Nobody can be expected to be the spokesperson for and on behalf of the judge to speak about his mind and to tell you whether the judge would take your mistake as suppression of facts or not that too without going through the case related documents. If can't hire services of any other lawyer, you may have to simply observe which way the proceedings goes based on merits of the case.

If your lawyer has left the case, better hire services of some other lawyer to pursue the case effectively by following the right procedure of trial..

Sec 138

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