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sumit   31 October 2015

Notice u/s 138 without debt

Dear sir,

I am a Sales Person in a Stock Broking Firm. I opened a demat account of a person with 1 lakh advance brokerage, he ask commission on that and I give him 2 cheques of my as commission if I get good incentive from company. But unfotunately I resigned from company and con't get any commossion. now he deposit the chaque and asking the money and send me notice u/s 138. We have no any written contract and I never take money from him. He give cheque in favour of company for account opening. what can I able to do in this matter. Please help, is it require to hire an advocate? what r the possibilities



Learning

 3 Replies

Keanusathya (Sr Consultant)     01 November 2015

Yes, please hire an advocate. Lesson : Never issue your personal cheques or use personal bank accounts with clients for office related matters. Here in your case there was no need for you to do that.

sumit   01 November 2015

Can u please explain what are the possibilities my salary is 15000 and cheque amount is 7000 and 11500. Its also expensive to hire an advocate. That's why I asking in this forum. Please help me

SAINATH DEVALLA (LEGAL CONSULTANT)     01 November 2015

If the opp party proceeds legally,then U have to defend Ur case with the help of a good advocate.


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