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returned cheque

(Querist) 27 October 2009 This query is : Resolved 
DEAR SIRS
MY NAME IS RAJESH PATEL .I AM HAVING A READYMADE BUSINESS IN MUMBAI .I DO NOT HAVE AN SALES TAX REGISTRATION COZ OF SMALL BUSINESS .I HAD SUPPLIED GOODS TO A PARTY IN RAJASTHAN AGAINST WHICH HE HAD ISSUED A CHEQUE .THE GOODS WERE TAKEN BY HAND DELIVERY , A CHALLAN WAS MADE BY ME WITH NO SIGNATURE TAKEN FROM PARTY. I HAD DEPOSITED THE CHEQUE IN MY PERSONAL SAVING A\C WHICH WAS RETURNED TWICE BY THE PARTY (FUNDS INSUFFICIENT) .THE RETURNED CHEQUE WAS ON DATE 12.10.2009.THE PARTY HAS TAKEN GOODS FROM ME FOR THE FIRST TIME .CAN I ISSUE A NOTICE TO THE ABOVE SAID PARTY FOR THE OUTSTANDING DUES AS I HAVE NO INVOICES AND THE GOODS ARE GIVEN BY CHALLAN ON WHICH NO SIGN IS TAKEN.WILL I BE ABLE TO TAKE ACTION AGAINST HIM, ALSO PLEASE TELL ME WHAT ACTION CAN I TAKE IF THE SHOP IS CLOSED BUT THE BANK ACCOUNT IS STILL OPEN AND IF THERE IS NO ONE TO RECEIVE THE NOTICE OR SUMMONS WHICH WE WILL SEND OR IF HE DOES NOT ACCEPT IT.AS ON PHONE WHEN I CALLED HIM HE KEEPS ON TELLING ME TO DO WHAT EVER I WANT TO DO ,SO PLS TELL ME WILL I BE ABLE TO RECOVER THE MONEY .PLEASE ASSIST ME .
ALSO PLS LET ME KNOW THAT WHEN THE CASE IS FILED BUT HE DOES NOT COME ON THE SAID DATE WHAT ACTION CAN WE TAKE AGAINST HIM.
THANKING YOU .
Sudharsan.m (Expert) 27 October 2009
Dont worry, hard earned money will be back. File a criminal complaint in the police station for cheque bouncing along with details of the cheque and description of insuffiecy of funds and get signature with the Bank Manager.

File simultaneously civil suit for cheque bounce in the court.Serve summons, if they not appear then they have to face the consquences of arrest.

You need not prove that the goods supplied by you have no proof. You have the proof-THE CHEQUE, section 138 of Negotiable Instrument Act and also the presumption is that once they issue cheque they under duty bound to discharge and also for the goods they received.

Show them who you are!
PJANARDHANA REDDY (Expert) 27 October 2009
NOW A DAYS POLICE S.H.OS ARE NOT TAKING CASES ON CHQS, ONLY REMEDY IS UNDER 200 Cr.P.C IN 138 N.I ACT.

IF HE RECEIVED SUMMONS,NOT ATTENDED THE COURT IN PERSON OR THROUGH ADVOCATE U CAN ASK THE COURT TO ISSUE N.B.W.
Raj Kumar Makkad (Expert) 27 October 2009
You should immediately engage a local lawyer and should issue a notice under the provisions of NI Act to that party without thinking further on the bil etc. and after expiry of mandatory period, should criminal complaint before local criminal court under section 138 of NI Act. No FIR lies.
mmn (Expert) 29 October 2009
i would say that besides filing 138 proceedings and forgetting for the time being about insufficient evidence, you can also file a cheating case u/s 420 against him as it is a 1st transaction and from his side he has not given any stop payment instructions to his banker.


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