Case registered under 138 no against me
04-May-2023 (In Cheque Bounce Law)
A blank cheque signed and firm name was filled by me stamped of my firm saying verbally it will be used on my firm transaction when other firm will be introduced by me complainent will give me 500/-per metric ton commission. Tow purchase order issued by me for other concerns but complainent raised bill on my firm Aditya paints but state entry form were used by other firm maa sharda oil co in actual goods was of this firm because bill were against my firm there for i took money from maa sharda oil &cleared the amount of Aditya paints by rtgs &cash which is admitted by complainent but others bill were raised in maa sharda oil but such payment were not cleared by maa sharda oil. For these payments complainent used my blank cheques saying you are only responsible person. Plz give me advice. Thank you.
Hi,
Has 138 NI act complaint has been giled against you. Or has he sent a legal notice? or he has just threatened you.?
If a compaint has been filed you shall appear before the court or else non bailable warrants shall be issued against you.
If a legal notice is received by you, you shall file a reply to the said notice.
and if he is threatening you, you shall send him a legal cum demand notice.
For more information, i shall have to see your documents.
Regards,
Madhav Nanda
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Dear Client,
Once you issued cheque to parties , so they used. cheques should have been used for only liability arising for your business dues or transactions.
you need to discuss in detail regarding your 138 cheque bounce case.
contact for legal advices and needful legal action.
Thanks
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hello Mr Agarwal
as you are saying tht your cheques were used to precure the payment liability of the third party on nur name and your are responsible for. for tht payment in this regards we have. go through the while matter as per documents then only can say in conclusive manner..but as per your oral explanation you can not be held liable for this payment in any manner.for third party.
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Query is not clear. Please either rewrite it or contact us and brief us to enable us to advise you appropriately. So far as usage of your blank signed cheque is concerned, the complainant will file a criminal complaint under section 138 of the Negotiable Instructions Act . For further consultancy and legal services you may contact us.
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Since 138 is a criminal matter, it would be necessary to look into the details of the matter, the documents placed on record, legal notice sent to you, etc before giving any advise or taking any defence.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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