Legal Question in Business Law in India
dear sir
As I am trader dealing in tiles and faucets of a particular brand.Company is possessing blank cheques. Now as we are doing business transaction . result to which we have certain liabilities i.e payments and c.form .Companies representative want to take undue advantage in lieu of blank cheques . now they refused to accept c.form and misinterpret the company that we are not giving c,forms. company dishonored the cheque and file case of 138 and saying that they deposited tax penalty on my behalf that is 12 lakh now they are asking to deposit 12 lakh which company didnt deposited in sales tax account to sort litigation what we should do How c form s is to deposited in sales tax department so as to avoid sales tax liabilities which can be paid by depositing 1 rupee cform
1 Answer from Attorneys
From the cheque numbers which must have been issued from an old cheque book, it can be proved that the cheques were security cheques and it is settled law by the Apex court that no 138 Proceedings lie for the security cheque. But you have to prove that the cheque was given blank and at an earlier date. You may drop in a detailed query at [email protected]
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