Relating to Section 138 of negotiable instrument act, Cheque bounce case.
I took the agency of new paper advertisement . I gave them a blank unsigned cheque and bank guarantee of 25000.00 as a security while taking agency. New paper advertisement agency team signed my cheque and wrote amount of 93000.00 in it, placed it in bank. The cheque got bounce on 31.01.2013 and new paper advertisement agency registered a case of cheque bounce under section 138 against me also they recalled bank guarantee of 25000.00 on 14.03.2013 leading to the downfall in outstanding principle in cheque bounce case.
In trail court on hearing, I asked new paper advertisement agency to show their transaction with me which shows I owe an outstanding of 93000.00 liability which they reflected in the cheque. They failed to show that outstanding as I knew there was nothing like this. I even told court as this was not my sign.
I wish to seek guidance from professional to understand as to what to do in this case. Want to know is this section 138 (Negotiable Instrument Act) case file is valid or not as they failed to justify the liability and also they recalled the Bank Guarantee which led to change in principle amount on which Cheque bounced case is filled. . Is there any earlier citation from court for similar reference case. I wish to seek guidance based citation of any court as what should I further do in this case.
Asked 4 years ago in Criminal Law
On continuation to the above I wish to tell that I owe a agency at Damoh and they tempered their books of account and marked an outstanding on me of 93000.00 against an advertisement in Tikamghar whose advertisement doesn't comes in my agency jurisdiction against which they placed my forged signed cheque.
Also I asked them to present the representative power of attorney assigned by company but they just shared a simple resolution passed by company without any Company law board registration of this resolution.
Asked 4 years ago
The bank guarantee that I gave to the newspaper agency was revoked (used) by newspaper agency while the case was already in court. Can this raise any deficiency on act of newspaper agency as wrong act as they did it while the case was already running.Will this lead to be a base of fault in case filed against me as the principle amount is changed due to recall of Bank Guarantee. If yes,please share any citation by court.
Asked 4 years ago