• Company issued notice u/s 138 without settlement of dues

Sir
 I have issued a blank cheque to my supplier when started working as a dealer. In a transaction company send me some defective goods about which I informed to company's personal. Company did not respond me and deposited the blank cheque which got bounced. 
 Then company served me a notice for making payment. Before getting notice i have deposited a sum against dues . 
 After getting the notice I had mailed company about their defective goods which is amounted to almost equal of their dues. But company did not respond and asked me to pay the dues on phone.
 i asked company for account statement which they does not provide me.
 As proprieter is a senior citizen can in case of case , i ask to transfer the case to my region

in such case what to do ..../ what are the legal options to counter the notice
Asked 6 years ago in Criminal Law
Religion: Hindu

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11 Answers

1. the jurisdiction of the cheque bounce case will be the place where the cheque was presented for the encashment (company's place)


2. you should reply the legal notice under section 138 of NI act as the non-reply would make up a presumption that you admitted the amount claimed in the legal notice 


the mail, intimation regarding the damaged goods, mentioning of the cheque as a security will help you to counter the case, however, for an near to exact opinion, a bare look on relevant documents is necessary

Suneel Moudgil
Advocate, Panipat
2388 Answers
6 Consultations

Cheque bounce cases U/s.138 NI Act,, will fall under the jurisdiction of the courts where the cheque is returned unpaid.

Immediately, you reply to the said notice, giving details of payments made and the exchange of mail with regard to defective goods supplied by them.

Further, maintain all records / correspondence with regard to the said transaction, it will help you contest the case.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. If there is legitimate dispute which give a counter case for you then you have a good case and your defencne would be sustained in court. So there is no worry about this case.

2. However to make your defence in 138 NI Act  stronger file a civil suit for recovery of money to claim your money or damages  towards the defective goods. 

3. You have the option of filing a case of cheating as well.

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

You must reply to legal notice 

 

take the plea that goods supplied were defective and have been returned  by you 

 

3) there is no money due and payable 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99897 Answers
8153 Consultations

See give reply to the notice stating that the amount is transferred and there is no dues, for defective goods also it can be mentioned.

In case after your reply also if they are proceeding with the complaint then in that case you can engage an Advocate and he can file preliminary objection and appearance on behalf of proprieties transfer at this stage. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You may have to challenge the case on merits if you feel that they have cheated you on various counts. 

You may not be able to get the case transferred to your place of choice for the said reasons. 

T Kalaiselvan
Advocate, Vellore
90099 Answers
2503 Consultations

Case will not transfer. Reply to notice that supplied goods are defective so is the reason, payment is stopped/not made and ask them to replace the defective goods.

Same will be your defense in case. it will take at least more 30 days to file case.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You need to contest the case and file your reply that you have paid the dues in settlement. You can also go for quashing in HC if you have evidence of payment 

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

give a para wise reply in writing to their notice. mention specifically that chq was 4 security purpose & mention issued date . mention about damaged goods & their version and settle the issue which has not been complied by them

Mohammed Mujeeb
Advocate, Hyderabad
19352 Answers
32 Consultations

1. Yes proprietor can file transfer petition in High court but chances to entertain this petition are not good because it is a criminal complaint case.

2. Send reply to the notice that we have deposited the money in your account but you have to replace the defective products delivered to our company.

3. If they refuse to change defective products then you cn file civil suit for replacement of defective products or refund of money paid agaunst the purchase of goods. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If you have deposited the money then at the time of hearing you should inform the court about the same. Also there is no need to transfer the case.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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