company presented my security cheque and which is bounced
09-Oct-2023 (In Cheque Bounce Law)
I have been doing business with a company since 5 years, But last year the material supplied by them was of bad quality for which i had a great losses. when i informed them by mail, they apologize and conform me that they will exchange the material over phone, But after six month they did not settle the issue so i stopped doing business with them at that time i have to give some tread payable. I asked them to do the damage settlement so that i can clear dues. But after six month they intentionally filled my security blank cheque which was given to them 3 years back to a account which i am not doing any transaction since 2 year. Now they have send me a notice that the cheque which i have given to them on 18/09/2017 was dishonored pay the amount within 7 days or they will take legal action against me, suggest me what i will do shall i pay the amount to avoid case or is there any chance to teach them a lesson.
Have u got any proof that cheque was given as security,if yes reply accordingly.Intimate the company,as goods are defective,u r not liable to pay.u return the defective goods.Keep proof of all correspondence in shape of documents with the company.U may also file criminal complain case against the company .
you did not mention whether you had entered into any business contract or agreement with them. If yes,then go through the terms and conditions minutely and see in case of any damage supply what is the policy to replace by them . but in any circumstances, If they have violated any terms, throw them a legal notice in counter to their notice claiming compensation of the damages and file a damage suit in the civil Court of your competent jurisdiction and if they file any case u/s 138 of negotiable instruments act for cheque bounce then, consult a lawyer and he will guide you to defend yourselves as per the legal procedure.
You don't have to worry about it. The cheque was a security cheque and if a security cheque is bounced, no offence is made out. Having said that, its very crucial for you that if they file a case against you, you have to prove that the cheque was a security cheque.
give a para wise reply in writing to their notice. mention specifically that chq was 4 security purpose & of 3 yrs back. mention about damaged goods & their version on mail to settle the issue which has not been complied by them
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