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ravi   16 February 2018

Misuse of security cheque

 i want to defend cheque bounce case . i had given a security cheque to a company 4 years back as a part of formality before starting business with it. later on things went wrong company cheated me and there were dispute with the company as the company\'s marketing staffs did fraud with me and stole material of rs 1.5 lacand went underground. a police complaint was given and also the house of the staffs was raided but the accused were not available there . after that company did not pay any attention to this issue and did not even file a complaint or took any action. the company promised me to compensate the loss occured to me by issuing a credit note but it did not do so. further the company did not employee anyone for marketing for around 4 months after this fraud case happened to me. due to this i lost my firm\'s image in the market as i was the distributor of this company. 
after this i wrote a mail to the company that it can not use the security cheque as it was given at the begining just as a part of formality and i started making payments in parts. but recently the company presented the cheque on january 25- 2018 with an amount almost double of the outstanding in books which is an disputed outstanding. the cheque bounced as i had activated stop payments for few of my cheques as my cheque book was lost. so i activated stop payment for all the suspicious cheques of which i did not had any record. when i received messsage of cheque bounce i immediately went to bank and informed the bank regarding misuse of my cheque as at that time i didnt knew who has presented cheque of such an amount.
.i did not had any record of the bounced cheque as it was just given as a mode of formality. company broke the mutual agreement of exclusive distributor with me and gave material to other distributors too. the point is i have not given a cheque to company for payment as i was making payments through neft since last 4 years. but now company has sent me legal notice through whatsapp in which most of the statements are false such as outstanding amount, reason of cheque bounce, i had made payment till last november 2017 in part but company says that i have not made a single paise payment since 2015.. this can be proved false by bank statement details. again the company employee has sent me a ledger of outstanding amount approximately 3lac but company has mentioned outstanding as 526141 which is completely should i proceed now.. please guide me.


 1 Replies

shailendra patadia (director)     16 February 2018

you have to prove that there is no liability against the cheque dishonoured as there was no liabilty when the cheque was issued 


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