Legal Question in Credit and Debt Law in India
Negotiable Instruments Act - Goods Returned after filing
I had issued a cheque for material
to be used for the project, which
went into a loss and the cheque
bounced. The company filed under
the act, section 138. I did not
receive any summons but company
said they had been served and an
NBW was issued. However, since
the project wound up, I offered to
return the material, that was lying
unused. The company took it back
and signed a note on paper,
receiving it. Now after one year,
they say the case is still active and
are asking for Rs 15,000/- court
and attorney fee and interest till
date.
5 Answers from Attorneys
Re: Negotiable Instruments Act - Goods Returned after filing
You need to file your defence in the court if the case is still active; after you had checked the case status directly from the court.
Re: Negotiable Instruments Act - Goods Returned after filing
Please contact personally with details and let me know if the case is still active in the court of law.
Re: Negotiable Instruments Act - Goods Returned after filing
as you had issued the cheque, u were supposed to pay the money upfront within 15 days from receiving the notice which u failed to do and that is the reason the complaint was still active. u need to put your defence before the court that u already returned the goods. u have an option to either fight the case or tender the amount.
Re: Negotiable Instruments Act - Goods Returned after filing
You are request to contact a lawyer with your details. For your information it can be said that if you serve the chaque you must fight with a good defence.
Re: Negotiable Instruments Act - Goods Returned after filing
Sir,
Bouncing of Cheque is a offence and punishable under Sec.138 of Negotiable Insturments Act. You would have returned the goods but it is with the complainant to withdraw the case by filing Petition u/s.257 of Cr.P.C. Try to settle the issue with the complainant and make the full and final payment and ask the complaintant to file a petition u/s.257 Cr.P.C. and close the issue for once for all.
With regards,
E.VENKATESH BABU
ADVOCATE, CHENNAI
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