Legal Question in Banking Law in India

Hello,

I have given a security cheque to one of my client against the agreement signed between us. The same was deposited by my client after receiving the services mentioned in agreement. The same got dishounoured.

However the cheque date is written by me and on the same date the total payment from my client was less then the cheque amount. Hence no liablity was their bec on that date agreement was not atall started as the payment for the agreement was not made to me by my client.

I wanna know in this condition they win case of 138 against me?

Intrestingly, they bounced cheque for 2 times and both times nothing appeared into my bank statement.

I dont know what to do. Help me plz....

Thanks


Asked on 8/07/09, 12:31 am

4 Answers from Attorneys
Pranav Desai PD Legal & Associates

Settle the issue amicably without getting into court. If incase the opponents go to court then you may have to prove all the issues.

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Answered on 8/07/09, 12:56 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

firstly, have they served upon you any legal notice. if not, you need to wait for the same and it is mandatory for initiating any proceedings u/s 138 of NI Act. in their notice itself they would be trapped as they would mention that the cheque was paid as per agreement but according to you, that is not the case. once you receive the notice, get back to us and we suggest you the best possible reply.

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Answered on 8/07/09, 1:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You should make appropriate reply to the notice based on correct facts. If you any liability which may be even different than the cheque amount, you should try to settle the dispute amicably and avoid litigation.

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Answered on 8/07/09, 7:04 am
KAMAL GROVER

Cheque issued as security did not attract the provisons of 138 as per latest judgments. So dont worry and engage any effecient local lawyer to defend your case.

Your further clarification is welcome at nominal consultation fee;

KAMAL GROVER,

Advocate (Chandigarh, India)

M: +919814110005

e-mail: [email protected]

Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality in India. Rest you may get only guidance and can engage any local lawyer plz..

Regards and good luck

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Answered on 8/07/09, 10:54 am


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