Legal Question in Banking Law in India

Legal notice from Client-stop payment

I am a Recruitment Consultant(Proprietor).My Company subscribed database services from some job portal for 2 yrs. issued 16 post dated cheques,(8 chqs. at an interval every month, completes 1 yr subscription and 8 cheques starting from 10th month onwards every month for 2nd yr. subscription). During 1st yr. no one from the Company called me for general assistance, also i was not getting some good results, so i was not satisfied with that job portal, and there was also less business due to recession, so i decided to cancel the services from them for the 2nd year, and informed them that i am not interested to continue with them and asked them NOT TO PRESENT my balance 8 chqs. and return them to me, i am stopping the payment for 2nd year chqs.,2 days before the date of cheque. on email to some manager of that company, but he said verbally that now he can't stop the process and they stopped our services on 10th month of 1st year, so we receive only 10 month services from them and given payment for 1 year, On the top i have received legal notice from there Attorney for the bounced cheque case. This is a real harassment. Payment given 1 yr, services received 10 months and on top a legal notice, Please advice?


Asked on 5/23/09, 3:45 am

6 Answers from Attorneys
KAMAL GROVER

Re: Legal notice from Client-stop payment

If there was a sufficient amount in your bank but you stop the payment. then dont worry at all coz then this case does not fall under section138.

For further assistance plz contact at

adv.kamal.grover.gmail.com

We deal cases in the courts all over India.

M: 09814110005

Chandigarh Office

We strive for your rights.

Good Luck

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Answered on 5/27/09, 4:58 am
Pranav Desai PD Legal & Associates

Re: Legal notice from Client-stop payment

Consult a local lawyer with the facts of your case. Though, in my opinion you can proceed under the criminal law against the company. Further, reply the cheue bounce notice received from them.

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Answered on 5/25/09, 7:24 am
Vimal Kishor Falcon Services

Re: Legal notice from Client-stop payment

Hey

You seems to be victim of the side effect of the provisions of section 138 of the negotiatble instrument act.

Before addressing your concerns, please let me know if any agreement was there as per which you have submitted cheques for two year services.

In case there was no agreement, what are the communication(s) available, which shows your association with the job portal as described by you in your email.

Basis above facts and circumstances you are required to reply the legal notice. However please note that you must reply to the legal notice within 15 days from the date of receipt of the legal notice.

timelines under section 138 are very stringent

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Answered on 5/23/09, 7:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Legal notice from Client-stop payment

Reply to the notice thru an advocate

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Answered on 5/23/09, 9:39 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Legal notice from Client-stop payment

Your relief/claim will depend upon your contract executed with the service provider. You may consult a lawyer by showing your documents and consider filing a claim before the Consumer Courts if you find any "deficiency of service" or breach of contract by the service provider.

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Answered on 5/23/09, 9:45 am
J. Radhakrishnan independent Practice

Re: Legal notice from Client-stop payment

No cut and paste solution for your problem can be given in this portal.Immediately take all documents,correspondence with the service portal to a competent local advocate and issue proper reply and defend and take further action as per his advice.

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Answered on 5/23/09, 11:11 am


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