Upgrad LLM

help me out plz


hello friends,

i entered into an agreement of sale with a company.The sale deed was registered on 08-04-2009.

I transferred the possession of the property on the registration of the sale deed.under the sale deed the company issued me three cheques  as follows 1) rs 300000 2) rs 1350000 3)rs 350000  dated 08-04-2009 to discharge a total liability of rs 2000000.on 08-04-2009 i presented the cheques in the bank for payment and got registered the sale deed in favour of the company and gave the possession of the property on 08-04-2009.however on 09-04-2009 i was shocked when i came to know that of the above mentioned three cheques only the cheque amounting rs 300000 was credited to my account and the remaining two cheques of rs 1350000 and 350000 were dishonoured stating funds insufficient in the account of the company .

thereafter i immediately approached the directors of the company for the payment due.they told me that by mistake the cheques got dishonoured come tomoorrow and take the amount ,when i went to them the other day they again told me to come after 2 days ,and thereafter they started ignoring me .Alas when i saw there was no way out i gave them a legal notice on 15-04-2009 stating that the payment due for the dishonoured cheques should be paid to me otherwise i will file a suit u/s 138 of the N.I act.  In reply to my notice they gave me a notice stating that the cheques were issued only as security cheques and they were never issued to discharge any legal liability and no amount is due against them..

even after this when they did not paid me any amount i filed a suit u/s 138 of the N.I act in the lower court on 05-05-2009.the company officials did not respond to this and 2-3 dates were passed .afterwards the judge issued bailable warrants of the directors of the company and then they responded and appeared in the court.In the court itself they stated that the cheques were issued as security cheques and no amount is due to them.now the case is under proceeding and almost 1.5 years has passed .

this incidence has caused immense mental pressure on me and my business . i want to put the concerned directors behind the bars for the act they have done to me .now the problem is that from the last 2 dates the advocate of the opposite party states in the court that they are ready to give the cheque amount by way of draft in the court,,which i refused to take as already 1.5 years has passed and if now they give me  only the principle amount  then what is use of section 138.

afterwards the advocate of the opposite party told me that a new supreme court ruling has come under which they can deposit the principal amount of the cheques dishonoured in the court and if i refused to take the amount the case will be dismissed ............

kindly guide me whether is there any supreme court ruling that if they give the cheque amount now in the court when already 1.5 years has passed my case will be closed ...........

i want to continue the case and put the directors in jail.................... 


 

 
Reply   
 

Let the 138 case go separately.  There are 2 more options available to you.  (1) Lodge a criminal complaint against the directors.  If the police does not entertain the complaint, file it u/s 200 Cr. PC (Pvt Complaint), (2) Send a legal notice for cancellation of sale deed since they have not paid the consideration amount.  In the said legal notice seek compensation + interest + legal expenses, too.  If they fail to pay the amount, go for a suit for cancelling the sale deed.

 
Reply   
 


LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x