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Swapnil (Site Director)     01 August 2012

Dishonor of cheque 138

Hello Experts,

                          My friend(friend since last 7 years) started BPO services company with 3 partners and asked me join the business with profit sharing every month so I gave him 1,10,000/- on 1 August 2011,Exactly 1 year back from today thereafter he shut down the company just after 1 month i.e. in september 2011 as there was no any project to work and told me that see,there is recession,no one is giving us project and those who are giving us project all are fraud which was true,he spent all this money I gave to pay office rent and some furniture and later he dint re-pay me a single penny instead he is saying that I am screwd up for 4-5 lacs,you are just 1.1 lacs,now he is saying since last 1 year he is willing to re-pay;dont have intensions to make fraud,always telling me that he will re-pay tommorow,after 1 month,after 3 months but till date he is giving me dates but not giving a single rupee.

            So, I asked for cheque he gave me 3 cheques 50,000/-(dated 21/01/2012)25,000/-(dated 21/03/2012),35,000/-(dated 21/04/2012) but all these cheques dishonored with reasong FUNDS INSUFFICIENT,so I drafted 138 notice,when he received notice he called me and fired me like nothing saying do whatever you want I will give your money only when I will have.go ahead with case I will manage your advocate,I will manage the judge and also I will slap you once I will give you money.

       I have given plenty of time for re-paying to me( 10-11 Months) but he dint give a single rupee instead always abusing me on phone.saying you were counted there in profit sharing that time it was ok for you and now its all screwd up,you are running away.till date He have not added not my name in the said partnership on paper,no bank a/c of company have my name.

     I request all the experts to help and guide me.Please.Thank you for reading upto last.



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     01 August 2012

dear querist,

  1. if you can adjust without getting that amount then you have nothing to worry ,dnt file 138 application and if you really want your money back then file application under 138 nia act as soon as possible beacuse there is a limit of filing the application from the date of notice you have sent.
  2. dnt get afraid from his threatnings if he is doing such ,you can lodge fir against him for assault or man handling
  3. tell me the date of notices you have sent to him so that i can tell you the time limit you have left for filing the application,once you have crossed the time limit means your money is lost in the fost.
  4. feel free to call

adv. rajeev ( rajoo ) (practicing advocate)     01 August 2012

If the bounced you have issued the notice within limitation period and still you have got time to file then immdiately file case u/s 138 of NI Act.

R Trivedi (advocate.dma@gmail.com)     01 August 2012

I do not think that now you have time for filing the case, but still you can attempt for last April cheque.

 

For other two cheques and even third cheque also file a case under Order XXXVii of civil, contact your local counsel.

Vasant Kumar (Lawyer)     01 August 2012

 

File a complaint u/s 138 of NI Act ASAP before your limitation ends.

Swapnil (Site Director)     05 August 2012

Thank you all the experts for your so kind advises.


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