Legal Question in Consumer Law in

a kolkata based company has decided to appoint a C&F agent in orissa to our firm named BS TREADER. Then we made a aggrement for transaction.and we have given 10laks of amount for the Security diposite according to that aggrement. For our saftey we have taken a cheque of 10 laks form company account. already 1year and 5 months gone but company have not supplied a single goods or stocks to us..so for that reason we have deposited that cheque in our account before due date. and that cheque had bounced on date-8-5-2010..still now cosistantly the have been cheating with us ...so kindly give some suggestion how to solve this matter ..please please its very urgent !!!!!!!


Asked on 8/27/10, 11:27 am

3 Answers from Attorneys

hi

In the present situation ...... you can go for recovery proceedings.... can also go in for complaint under section 138 NI act.

Proper legal proceedings have to be initiated ....

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Answered on 8/27/10, 12:51 pm
Vishwa Arya Arya & Co.

you have two remedies. civil and criminal.

Civil - you may file a suit for recovery under order 37 and get your money back

Criminal - File a criminal case under 138 for dishonor of cheque and under 420 for cheating

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Answered on 8/27/10, 1:03 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, you can go for an f.i.r u/s 420 and separately file a complaint u/s 138 of negotiable instruments act. after seeing the outcome of your complaint only, you should approach the civil court for filing a summary suit u/o 37.

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Answered on 8/28/10, 11:09 am


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