prahlad singh (Accountant) 31 October 2009
I have purchased some material from vender and with condition of 10% garantee agt. faulty material for a certain perio.Vendor has been issued cheque of 10% value. In certain period material found faulty and i have deposited cheque in our a/c agt. gaurantee.But cheque is bounsed.Our banker has written reason for stop payment.
Can i filled case U/S 138 of Negotial Instrument Act.
Pl. advise.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 31 October 2009
Definitely You are entitled to file a criminal complaint under section 138 NI Act but do fast. Imediately serve a notice to him and demand amount of cheque and failing which proceed further within limitation.
Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Corporate affairs Taxation and Law Consultants Advocate) 31 October 2009
Yes, a criminal case can be filed against the vendor u/s 138 of NIAct along with 420 of IPC in the court of CJM but here I find some term & condition between the parties and also the relation of principal and agent Ithink,and what ever the reason I cannot understand so firstly you must take legal advice from the senior lawyers with submission of all documents you have there after take any legal action against the vendor.
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