• Cheating

Sir 
having small trading business in mumbai i supplied goods to pvt ltd 
company under conditions of post dated cheque 90 days receipt of goods after receipt of good party refuse to pay post dated cheque even after he has not paid payment 240 days over he is refusing to pay what to do there is no dispute over quality i supplied goods
Asked 6 years ago in Criminal Law
Religion: Hindu

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20 Answers

Hello,

You will have to file a summary suit for recovery of damages.

Contact a local lawyer with all the documents that shows the transaction.

The same will take 1-2 years.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Respected sir..

If you have proof that you had provided goods to them and they are not paying till now you file suit in consumer court if that firm or company is registered else you can file recovery suit you have Both option available...Just only look that evidence you have are strong enough such as receiving receipt,mails, audio recording etc that will lead your case...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1) issue legal notice to company to make payment

2) file summary suit to recover your dues with interest

3) deposit the cheque

4) if cheque is dishonoured file complaint under section 138 Ni for dishonour of cheque

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Please present the cheque and get it dishonored then file a suit for recovery of money against the person before competent jurisdiction court...

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Dear User

In reply to your post, invoke the terms and conditions of your agreement / invoice in case of dispute.

In case if you hold their cheque and if it is still valid, present it for collection. Upon return of the cheque you can issue notice for default under section 138 of NI Act.

Other way round, you can issue notice for payment of your consideration for the goods sold.

Suggestion:

1. Collate all relevant documents viz., copy of agreement, copy of order placed by them on you, invoice, DC, Gate Pass etc., i.e., all relevant documents / in formation establishing the transaction between both of you.

2. What ever communication you make with them from now on-wards keep a record of the same, preferably it should be in writing i.e., letter / e-mail etc.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You have two options:

1. File a case for cheque bounce if it is due to insufficient fund u/s 138 of Negotiable Instrument Act. Should not be a stop payment of the PDF.

2. You need to file a Criminal complaint in the CJM court of your district u/s 420 and 506 of IPC.

PLEASE SEND A LEGAL NOTICE BEFORE FILING THE COMPLAINT AND GIVE AT LEAST 15 DAYS TO REPLY.

Thanks,

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Its not sure whether you have in possession of the pdc or not.

If yes then present those cheques and once dishonoured file cheque bouncing cases.

If not then file civil suit for recovery of money along with criminal case of cheating.

Act accordingly.

Devajyoti Barman
Advocate, Kolkata
22839 Answers
490 Consultations

5.0 on 5.0

Hi

File a recovery suit for the recovery of your bills.

Also you can opt for the criminal complaint against the person.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

As first step send a legal notice stating the payment of total due payment.

Thereafter you can go for recovery suit. If there is any written agreement also read the clauses, there might be arbitration clause, if arbitration clause is there you have to go for arbitration first

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Hello sir , the cheque is valid only for 3 months of what the date is mentioned on the cheque .. If the cheque is dishonoured you can file a criminal complaint under section 138 of NI ACT .. If the date of 3 months has passed you have to file a civil recovery Suit against the purchaser

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Send a Legal Notice seeking forthwith release of your dues/payment.

If the notice falls on deaf ears, file a summary suit for recovery of your payments under order 37 CPC.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Client,

Aforesaid transaction effected under some agreement than send notice , fail to comply , case for specific performance

OTHERWISE file recovery suit.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

You first issue a legal demand notice demanding the amount for the sale of goods.

After that you may drag him to the civil court with a money recovery suit and also try to attach his property as charge/security for the money to be received from him.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

1) file summary suit to recover your outstanding dues

2) also file winding up petition against company

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

At this juncture file a winding up petition against the company and file a summary suit in the civil court for recovery of damages. You can file both simultaneously.

The civil suit will have to be filed at the place where the office of respondent is situated, or from where the goods were sent or the place where the goods were to be delivered.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You can take your chance and approach the Police so that your FIR is lodged.

However, this is a dispute having a predominantly civil nature; and hence, it is most unlikely that your FIR will be lodged.

Thus, as advised file a summary suit for recovery.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear User

In response to your follow-up question the below mentioned two situations arises for your:

Situation No.1:

If the cheque issued by your purchaser is still valid, you may present the same for collection. In case if it is returned un-paid you may initiate proceedings U/s. 138 of NI Act.

Situation No.2:

Best option for you is to go for Winding-up. In order to invoke provisions of same, you need to comply with the requirements of the relevant provisions of the Companies Act.

Before going ahead and opting for this option make sure that all the relevant procedural requirements are met.

Suggestion:

As a true business entity, please do not protract the issue try to get the matter amicably. It helps you concentrate on your business.

Adverse situation, go ahead and take up litigation as last option. Before that, you have your required evidence & material proofs in hand.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

What r terms of purchase order.

Only recovery suit initiate by sending legal notice.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

yes it is breach of agreement, you can file fir for fraud and cheating, you can also file case in civil court for recovery of money or specific relief by sending a legal notice first

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

This may come under cheating offence, however since you have sent the goods and have acknowledgment from the receiver about this, you may file a money recovery suit simultaneously besides a criminal complaint for the offences of cheating and breach of trust with the local/jurisdictional police.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

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