Legal Question in Business Law in India
dishonour of cheques
I had received cheques against supply of textile dyes to my customer in Spet 08 which were lodged and were dishonoured. He had changed his banker and issued me new cheques with date ranging from Feb09 to July 09. He had passed a few and stopped all the cheques throug his letter dated 7/4/09 stating false information that he had infromed me about inferior quality of dyes over telephonic conversation that he had to settle claim worth lakhs of Rs on my confirmation to settle the claim of damaged fabrics by accepting debit notes of his parties.
He has asked me not to lodge the cheques as they were issued as security by him till calims settle. Can I proceed against claims under sec 138 and what action should I take against his false claim after six month seven months
5 Answers from Attorneys
Re: dishonour of cheques
You may initiate proceedings under Section 138 of N.I. Act.
Re: dishonour of cheques
you may file a case against the aprty u/s 138 straightaway but the respondent claiming that your supplying inferior quality of product is altogether a different issue and both can settle the matter through arbitrator,instead of approching the court.
Re: dishonour of cheques
Hello.
Good Evening!
1. Consult a local lawyer.
2. You may initiate proceedings u/s 138 of the NI Act.
In case of need please contact personally alongwith the details.
OR
For further query please mail.
Re: dishonour of cheques
sir,
In case the person has already passed away then you won't be in a situation to file a 138 complaint as the holder of the cheque os responsible for the same.
But as there is a debt which is already acknowledged by the way of bills and cheques you have in your possession a O'37 case can be proceeded against the person's legal heirs.
In case you want to discuss further then kindly get back with your documents
Re: dishonour of cheques
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