Legal Question in Credit and Debt Law in India
Is Cheque without A Demand Note is liable for prosecution?
I am from bangalore India is into consultancy and a sourcing agent for Iron ore in India. There is a central government organisation who operates mines and the ore is not sold to general traders. But with lot of influence we can get it alloted. So one company approached me to get it alloted and there were some minor expenditures involved which amounted to Rs. 2,10,000/-. The allotment took lot of time beyond expectations and it is still in the process. But as my client insisted i issued him a bearer cheque to the amount of Rs.5,00,000/- and now he is saying that he will bounce and lodge a complaint against me. What the probabilities that i have to face a criminal case against me. I have not issued any letter nor a demand note with the cheque. He is harrasing me a lot. I dont have money now and i am asking him for 15 days more time as i m expecting the work to be completed. But he is threatining me with dire consequences. Will i able to lodge harrasment complaint against him. Please help with your guidance. I request your kindself to please give me a priority and help me with you valuable suggestions. I hope to hear back from you at the earliest.
2 Answers from Attorneys
Re: Is Cheque without A Demand Note is liable for prosecution?
What is the date on the cheque will determine if he can present it before expected amount is credited to your account?
Re: Is Cheque without A Demand Note is liable for prosecution?
Sir,
Yours is a little complicated question. Your customer can file compliant against you, and you have to show the entire transaction to court and have to prove that the cheque was not issued for any monatory consideration.
well at this stage, u have only to wait and watch as to what he does, cause you cannot file any compliant about ahressment against him, cause he is the holder of cheque and he has right to deposite in bank.
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