cheque against action?

Have you deposited that cheque in your Bank and whether that cheque has been dishonoured by the Banker of that private Milk Company? Kindly give all the particulars relevant in this regard because before giving opinion, it is necessary for a Law Professional like myself to know the actual fact.

 If the Cheque has been dishonoured by the banker of that private Milk Company on the ground of insufficient fund then within 30 days therefrom,you have to give a Notice under Section 138 of the Negotiable Instruments Act to the last known address of that Milk Company through registered Post with A/D asking him to pay within 15 days therefrom and  if the envelop containing such Notice returned unserved with remark specifying the ground of such non service,then within 30 days therefrom you have to file proceeding u/s 138 of NI Act before a Criminal Court under whose jurisdiction the Milk Company's Banker siutates and at the same time you can file Money Suit before the Civil Court having jurisdiction in this regard.If you get Decree in such Money Suit,then at Execution of that Money Decree,you can apply for attachment of the property of that Milk Company and sale of the same as per the Civil Court's direction to realize the Decretal amount.   

If your payment remains due even after the expiry of three years,then along with an application under Section 5 of the Indian Limitation Act, 1963,( specifying justifiable ground for condoning the delay in filing Money Suit),you can file Money Suit before the concerned Civil Court along with the relevant documents in support of your dues.If the Ld. Court condones such delay,then only you can proceed in such Money Suit.If you get the Decree in your favour in that Money Suit,then at the time of Execution ,you can apply for attachment of the property of that Milk Company and as per direction of the Court after sale of the same,you will get your dues.

It's really surprising that although you know his factory address,however,you haven't taken any action be it Criminal or be it Civil for more than 10 years,therefore,you through your conduct make your demand time barred.As you have stated that the defaulter is a Company,therefore,by searching before the Registrar of Companies of your State(where the Milk Company has its registered office),you can get the full particulars of the Directors and through National Company Law Tribunal, you could take steps against the Company.Although your claim has been timebarred,however,it is necessary on your part to send legal notice to the address of the Company along with the copies of the invoice challans supporting your dues demanding payment along with interest thereon within a stipulated period as well as to stop the sale of that Factory property and after expiry of that stipulated period,try to file a Money Suit against such defaulter praying for payment of your dues along with Section 5 of the Indian Limitation Act,1963 application to condone the delay in filing and an application for interim Order to stay the sale of the defaulter's property till the disposal of your Money Suit(if the Ld Court allows you to proceed condoning the delay).

Kindly go through my ealier reply.