Please dont mind please read this lengthy post and help me out please.
We did an agreement with a person (vendors) for repairing works ( civil ) of our flats.
That person (vendor) signed a MOU (memo of understanding) on 10 Rs stamp paper & with few agreed conditions (as given below) for that civil . Based on that agreed condition we handed over post dated cheque to the vendor.
Condition :- He will repair if any seepage / leakage immerge from flat of the building. He will bound to do the repair activity of the said flats within one month from the date of issuing the notice. If he fail to perform that work within one month from date of issuing the letter then than said cheque will be considered as a cancel & no further claim on those cheque will be considered. That cheque would be holdover during repairing period.
Fact :-
1. We issued a letter to him & told there is leakage from different area of the flats so pls do the necessary work.
2. He did not do any activity within one month.
3. After one month from date of issuing the 1st letter, we issued a letter & told that since you could not compile the MOU so as per MOU we are considering the given cheques are cancel & no further claim will be entertained.
4. Later he issue a letter to us & blamed against us that we did allow him to work in our flats (it is a totally false statement, he did highlight this to us within one month) & demanded to give that agreed amount will full concern of not do the necessary work .
5. In –spite of knowing all fact he deposited that cheque in bank, it was bounced due to stop payment / non sufficient fund.
6. He sent a lawyer letter to us & we replied will all facts.
7. Now he logs a case against us at court in NI 138 act.
My question is.
In spite of knowing the fact he deposited that cheque. Will this case establised against us.
What is feature of this case , will it against us ?
