Legal Question in Business Law in India

Dishonour of cheque u/s 138 and 142

I shall feel highly obliged if you please guide me on the following matter.

I gave a blank post dated cheque dated 30-04-2002 to a company against the supply of goods. But company supplied the goods were not as I had ordered for. When I complained, the company supplied the ordered goods. I paid Rs. 10,000 on 16-05-2002 by cash. I requested many times the company to collect the goods they supplied wrongly earlier and the balance payment of the goods. But company did not care at all. The company presented that cheque filling total amount i.e. the wrong goods and the ordered goods to their banker. Due to insufficient fund my banker returned the cheque on 03-08-2002.

Now in July 2007, I have received a summon from the court of dishonour of cheque u/s 138 and 142, the company has claimed �

- that a notice dated 08-08-2002 was sent by the complainant to the respondent within 15 days of the receipt of the dishonored cheque. The respondent failed to make the payment to the complainant within the stipulated period of 15 days, therefore the present complaint is being failed in the court within one month of the expiry of the said stipulated period of 15 days.

But I have not received any notice/summon (except this one in July 2007) during


Asked on 7/14/07, 5:24 am

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Dishonour of cheque u/s 138 and 142

you have good case .... contest in court. you dont have any other option right now.

For further detailed advice please consult in person. Consultation charges will apply.

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Answered on 7/17/07, 3:22 pm
Lawbird in Delhi Taneja Law Office

Re: Dishonour of cheque u/s 138 and 142

Settle the dispute with the Company by making the payment.

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Answered on 7/14/07, 6:26 am
rajeshwar sharma rajeshwarnathsharma

Re: Dishonour of cheque u/s 138 and 142

Defend the complaint in the court. At the time of charge of the offence you have to prove that no demnad notice of the dishonour cheque was given to you which is pre condition before the case. It is advisable to settle the dispute with the company mutually. For further query you may contact me

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Answered on 7/14/07, 8:53 am


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