• Defence of sec 138,142

I was associated with a company as a distributor from 2010 to sell their products. I used to give them blank cheques in lieu of stocks billed by them. This association was going on smoothly till March 2016. In April 2016 I lost some of my cheque books so I closed my account of that bank. And I gave the intimation on 22th may 2016 to the company regarding this bank account closed through email. This email was again forwarded on 24th and 28 the of may 2016. And after that I gave them cheques from my other bank account in June which were cleared from my account. Now in July 2016 the company made a dispute with me regarding my claims settlement and appointed a new distributor in this area .after that they refused to give any of my calms pending from their side. In July I gave them the bank closure certificate also and requested them to handover our cheques lying with them. But no revert received from their side.now on 25 the of October 2016 they filled one of those cheques with the whole amount pending according to their books. So the cheque was bounced in account closed remarks.
Now they gave a advocate notice regarding this bouncing to me and I gave the reply as per my intimation mails send to them .
Now what shall I do against them.
Is this crime done by the company falls in 467,468,471,403,406,420
Please give suggestion
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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3 Answers

1) you have to contest the cheque bouncing case on merits

2) obtain bail and contest the case

3) cheque bouncing cases take around 6 months to be disposed of

4) file suit to recover amounts due and payable by the company

5) also file criminal complaint of criminal breach of trust , cheating against company

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

Yes, immediately file a criminal complaint against them before police or court for their criminal acts as per sections mention above.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Firstly you should defend the case they filed agaisnt you under section 138 NI act properly on the basis of documentary evidences and merits in your side.

Get acquitted in the case.

After that you can file defamation case for defaming your name and reputation and also a criminal case for malicious prosecution.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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