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dj4853913@gmail.com   03 October 2017

sec 138

dear sir
I am from Nashik.
I am running business in name of Dinesh agencies. I came in to agreements with a company for selgling there led bulbs.
blank cheques given them on agreement.
I had also given them bank guarantee of rs. 3 lakhs to them..
some times later dispute started with company.
when I stopped business total outstanding due with company was almost 14 lakhs on 15.8.2017
..on 1.9 .2017they used my blank cheque and put amount of rs. 8 Lak and bounced which was stopped Payment done by me and informed them by legal notice on 22.8 17
..on 22.8.17 I had send them stock return of rs.4 lakhs
and on 26.8 they encashed my bank guarantee rs.3 lakhs


now seen is that I received a legall notice that .. after so call reminders I had issued that cheque .. which was already blank signed when given..
2. actual due was14 Lakh but company send me notice of 8 lakhs..they used words in notice that .... total outstanding due towards company was 8 laks and after so called reminders I had issued them cheque towards legal debts cheque dates 21.8.2017 ...

and after 21.8 2017 they received my bank guarantee and stock also ... that is.. total 7 Lakhs...
now please guide me .. whether they can use future transaction in advance .and use blank cheque ..



Learning

 15 Replies

dj4853913@gmail.com   03 October 2017

can they change there stand by showing that we had added that amount in accounts.. but they already send me notice that . total outstanding due towards them is 8 lakhs and after so call reminders I had issued them cheque.. that means before 21.8 .17 they reminded me regarding 8 lakhs rupees.. which was never done by them.. already stop Payment noticed to them of blank security cheque..

dj4853913@gmail.com   03 October 2017

shall I go for quashing on this ground..

Siddharth Srivastava (Advocate)     03 October 2017

Does the agreement contains the clause confirming handing over of the blank cheque? If the cheques are detailed in agreement then give the reference of the same and refute the allegations as levelled in the notice. It seems that company has acted with ulterior motive and intention. You must demand back your blank cheques if lying with them. The details like agreement, notice and other correspondences are required to be examined in order to give any advise. If grounds exist you can approach high court for quashing of the complaint. Consult a lawyer with details. 

1 Like

dj4853913@gmail.com   03 October 2017

The agreement not contains any clause of cheque.. they demanded me cheques on mail by there company person.. is it considered in agreement

dj4853913@gmail.com   03 October 2017

The agreement not contains any clause of cheque.. they demanded me blank cheques on mail by there company employee for

dj4853913@gmail.com   03 October 2017

The agreement not contains any clause of cheque.. they demanded me blank cheques on mail by there company employee for

Siddharth Srivastava (Advocate)     03 October 2017

No. It does not amount to agreement but it is required to be examined. If cheque would have been demanded in lieu of agreement then demand is the part of agreement. All documents and details are to be examined to access the situation.

dj4853913@gmail.com   03 October 2017

below mail received for demand cheque

. Dear All, Please ensure that 3 security cheques are obtained from each SRD today itself, which has to be issued in name of- · . And such cheques be couriered in name of company today itself to Delhi office, Please note below: · No Date should be mentioned on such cheque leaves, and there should NOT be any cutting on any cheque leaves and such cheque leaves has to be signed. · Such cheques be issued preferably from the same bank, from which we receive payments (RTGS or cheques) · You need to keep photocopy of such cheque leaves, since signature on agreement will be required same as on cheque leaves.

dj4853913@gmail.com   03 October 2017

can they change there stand by showing that we had added that amount in accounts.. but they already send me notice that . total outstanding due towards them is 8 lakhs and after so call remindes I had issued them cheque.. that means before 21.8 .17 they reminded me regarding 8 lakhs rupees. and after  21.8.2017 we paid 7 lakhs ... please guide me

Siddharth Srivastava (Advocate)     03 October 2017

Cheque given as security does not attract prosecution u/s. 138 NI Act. Details are required to be examined.

1 Like

manoj   03 October 2017

Hi please call me for your query at cell no 8686159292

manoj   03 October 2017

Hi please call me for your query at cell no 8686159292

Nitish Banka (lawyer)     03 October 2017

it is on them to prove legally enforceable debt but your defence should be as mentioned in the query. contents of legal notice have to be looked into for a detailed opinion

R Trivedi (advocate.dma@gmail.com)     03 October 2017

What's your intention? At the time of dispute your admitted liability was Rs. 14 Lacs, you returned Rs. 4 Lacs stock and they encashed your BG of Rs. 3 Lacs, so your liability dues are still Rs. 7 Lacs......pay up. A good lawyer can get you out of S.138 under such circumstances but then they will take civil route. Ultimately you have to pay up with interest, so it's not worth it.

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