Legal Question in Consumer Law in India

legal notice from advocate under section 138 negotiable instrument act.

i have negotiate a laptop from auth dealer with finance scheme on 5 june.i have submitt all the documents along with cheque of downpayment of Rs 10500 and 8 equal ammount cheue as EMI of Rs 2426 on same date (5 June). and dealer assured for delivery on next day (6 june) when i ask dealer for delivery through my cell phone the dealer has tell me that your finance has not been approved due to negative marking in local residence proof than i refuse to purchase the laptop and ask to return my all supportive documents and cheque. but dealer has tell me that i can not return and i have submitted cheque of down payment to bank thus i have stop the payment of cheque on same date (6 june) with prior information to dealer thru my cell phone (can be seen in cell phone bill). be sure that i have not put my signature in any document of dealer (cash memo / challan etc). after one month he has send a legal notice against stop of payment which shows that dealer has produce this cheque on next day after my intimation and also indicate a bill reference which date is 5 june and bill ammount is 27860.

how i can protect my self with this legal activity ? can our discussion can be recorded which had wih dealer on 6 june with my cell ?


Asked on 7/06/07, 3:33 am

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: legal notice from advocate under section 138 negotiable instrument act.

good evening

in this matter you can always record your conversation on your cellphone.

further you can file a criminal complaint in connection of the fraud, cheating and criminal breach of trust.

consult a lawyer

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Answered on 7/07/07, 8:44 am
G. M. Gupta gmguptaandassociates

Re: legal notice from advocate under section 138 negotiable instrument act.

if they have not delivered u the laptop then u need not to give any payment to them and the notice for payment is absolutely wrong and unjustified.

forget that they can take any action against you instead you take action against them and claim compensation for reputation damage and harassment and loss of mental peace.

move to criminal, civil and consumer courts

For further detailed advice please contact persoanally with documents. Consultation charges will apply.

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Answered on 7/06/07, 6:45 am
rajeshwar sharma rajeshwarnathsharma

Re: legal notice from advocate under section 138 negotiable instrument act.

Your discussion may recorded.

Sent the reply of the notice of the counsel informing all the facts.

Report the matter to the police or to file criminal compaint againt the dealer in the concerned court of Magistrate for the prosecution under the offence of cheating, fraud and criminal breach of trust. Consult the lawyer or me

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Answered on 7/06/07, 10:06 am
Mahesh Gupta Medico-legal Advocates and Consultants

Re: legal notice from advocate under section 138 negotiable instrument act.

1. It is best that the reply should be sent by a lawyer under his signature.

2. Second best--Reply may be drafted by a lawyer and you may send it under your signature.

If you wish, I can help you in either of the two.

M C Gupta

MD, LL.M.

Advocate and Medico-legal Consultant

[email protected]

Ph: 09810893507

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Answered on 7/06/07, 10:37 am


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