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Sec 138 of NI Act

(Querist) 19 March 2011 This query is : Resolved 
Hello all,

i want you help, my company supplied material to a client, and against which ,client given the PDC ,all the time client promises and cheque is being dishonoured this was done nearly 19 times.Now that client has closed his account.That account was in the name of the company. After i joined due to fear client communicated through a lady her designation in the company not known and paid half of the maoney but again started playing cheap tricks.I have 5 more cheques of that company, but account is closed i deposited 3 cheques in the bank.
Following are the problem:-
1) Order was placed through e-mail.
2)All the time some lady communicate but who is she dont know.
3)That lady given us on letter head that she is liable to pay the amount which is of new use because her designation was not know.
4) when enquired about the address it was fake.
5) we have only the address of the whearehouse where he put the matterial else no details.
6) If i send a notice at the where house address u/sec 138 of NI Act will it be ok.
7) That lady is still in touch and i have the no. of the person who mailed the order , is there any other sec in which we can book a case against them.

I know there is a mistake of our marketing team ,such persons should not be entertained.

There must be some thing in law to teach lesson to such kind of people. All Advocates are humbly requested to guide me so that i can take action against them.
M.Sheik Mohammed Ali (Expert) 19 March 2011
only way make send the notice dishonour cheque, and 420 ipc cheating case you may file. or give public notice to that compnay name.
Adv. Satyendra kumar chauhan (Expert) 19 March 2011
You can send a legal notice through your advocate or by yourself . By Demand notice you are bound to give 15 days time and after serving of notice you may file complaint in following court:
1 where cheque was bounced
2. from where you will sent notice
In summation where cause of action have arosed
adv. rajeev ( rajoo ) (Expert) 19 March 2011
Follow the advises given by the learned members.
Sachin Bhatia (Expert) 19 March 2011
Enquire the address from the bank who issued the cheque book and then proceed under section 138 of N.I.Act.
NOTTAM VENKATASAMY (Expert) 19 March 2011
you proceed through negotiable instruments act,
1 you prefer a demand notice
2 you file a case against that company
this is a solution for your problem
leena Sharma (Expert) 19 March 2011
i have added the format of legal notice, go through the same.
G. ARAVINTHAN (Expert) 19 March 2011
within 15 days of bouncing, you need to send notice
Battula Manikumari Apparao (Querist) 22 March 2011
Thank you for your support.


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