amu (owner) 03 May 2012

Stop payment

i am into food business having outlet at local mall , i had issued 7 post dated cheques to my gas supplier against my outstanding , i did clear 3 cheques as per dates , but later it was found that his supplies is at fault pretianing to meter reading and also in the pipeline,therefore remaining 4 cheques i did stop payment ...since all food outlets beleive their is fraud by the supplier.

we insisted mall managment to change the supplier or get his supply tested by government weight and measurment department.....he has got his monopoly...this is pure case of black mailing and taking post dated cheques.

please advice me since supplier has given me a notice via his advocate of 15 day ... under section 138 negitable instrument act.

what legal action i can take against him.

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2 Replies

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR) 05 May 2012

dear sir

Even if you stop the payment, you are liable under sec 138 of NI Act .

You can file one cheating case against gas supplier in the police station as well as private complaint with the concerned magistrate. Do not wait for the Mall management to take action. Consult your advocate and file a FIR.

If the cheque bouncing cae is registered, you can inform the Magistrate that you wish to settle the matter out of court since there were irregular and shortage of supplies and hence yhou have stopped the payment.

If the gas company is a PSU you can talk to conerned high official and settle the matter.

You can also give complaint against defective meter installed for your gas supply and make the mall management to the fraud.. If the gas supplied is supplied thru a dealer pl give complaint to gas companies like RIL HPCL IOC etc. you would get justice.

for your further action

dr vedula gopianth

advocate high court