Legal Question in Credit and Debt Law in India
Cheque Disohonered
on 28-11-06 a executive of some telecoms company come to me and took the took the post dated cheque with promise of full and final amount , and assure me to give me noc next day.
but he didn't , after trying and unable to catch him. I stoped the cheque.
Now I get a legal Notice from court.
Please help.
4 Answers from Attorneys
Re: Cheque Disohonered
It is a deficiency in service. approach consumer court for wrong of the company.As far as court notice is concerned,You put your case and defend your case properly.Consult a lawyer of your area.
Re: Cheque Disohonered
It seems that the recovery person has induced you with false assurance that after this payment your account will be settled. It must be the case that you might have received a legal notice u/s 138 for the dishonor of the cheque (even stop payment amounts to dishonor of cheque) and you might have not paid the amount mentioned in the notice. If my observations are correct now they may have managed to get Summons issued by the Magistrate.
If what you have received a legal notice u/s 138 from Advocate to make payment within 15 days from receipt of the notice, than my advice is that you write a letter to the advocate enclosing the DD for the dishonured cheque and specifically mentioning that this DD is issued is for the dishonured CH No _____ dated _____ amounting to Rs___________. Please send the letter with enclosed DD by Spead Post acknowledgement due right whthin 15 days of receipt of the Legal notice.
Re: Cheque Disohonered
I am sure this case is in New Delhi Court. I can help but on payment of my fee. Let me know what is the next date of hearing in the matter and submit details personally.
Re: Cheque Disohonered
you have been cheated so file a case of cheating
you can go to consumer court too but that is not adviceable as you will not get the relief u want
contest your cheque case