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Author Topic: surety cheque bounce without proper documents  (Read 750 times)

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Offline siddu

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surety cheque bounce without proper documents
« on: February 27, 2016, 12:28:47 AM »
Respected friends,

I have an issues here,

I done trading business, usually in our trade as soon as invoice will be received the payment will be made. For security reason we are giving the bank cheque in advance.
Now a supplier without giving us any document he presented the cheque, and it got bounced.

As he was given us later date invoices, in which we do not given him any purchase orders nothing, in this period in our a/c no transaction at all. Hence we denied the payment.

The supplier put case against me on ni act 138,

So how I get solution for this problem ?, as I received the notice from court.

Offline advpriyaanand

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Re: surety cheque bounce without proper documents
« Reply #1 on: March 12, 2016, 06:06:29 AM »
in the first date of hearing explain the matter to the judge. and seek mediation for resolving the issue that will be sufficient.
Advocate Priya Anand,
Learned Counsel
Madras High Court

Offline rajgopal sripathi

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Re: surety cheque bounce without proper documents
« Reply #2 on: March 15, 2016, 11:55:08 PM »
HI
A cheque bounce is an offence only when you owe money to some one.
in your case, you did not receive any invoice or made purchases.
the supplier has encashed your cheque as an advance.
there is no penalty if your advance cheque is bounced.
File a counter in the court through a lawyer.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline siddu

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Re: surety cheque bounce without proper documents
« Reply #3 on: April 06, 2016, 06:05:17 PM »
Honorable lawyer friends,

Thank you for your suggestions, but I would like to know if I attend to the court will they take me in to custody ?

Or  honorable judge will give time to me to explain the situation ?

Or I have to give surety and get the bail ??

Please guide me !!

Offline rajgopal sripathi

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Re: surety cheque bounce without proper documents
« Reply #4 on: April 07, 2016, 04:29:43 AM »
Hi
You should attend the court along with your lawyer.
You have received notice from the court and the court will need to decide on whether you have committed the offence under 138 NI or not.
Courts will give enough opportunity for you to explain your defense and also permit you to give evidence, cross examine the other party etc.
There will be no arrest. you will not need surety or bail now.
Trust your lawyer and defend yourself in the case.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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