You can appear in court with a advocate and get bail. Later you can go for quashing as there is no legally enforceable liability in your case
Cheque stop payment
Is it possible to aquit from 138 NI case case details i am government register contactor i completed one goverment contract for providing and fixing concrete paver block. for this i purchased paver block from supplier. supplier provide me faulty paver blocks, colour of paver block get detoriated and also he not supply paver block in time causes delay in complition of work. due to delay in work department put rs 16000/- penalty on me. also department pay me running bill of paver blosks. department pay me payment in less rate than agreement rate because of faulty paver block . then i stop check payment of supplier by giving requist letter to bank. bank stop cheqe payment mentioning resons for stop payment. then i send notice to supplier through my adocate inform him that we will make payment only when he will repair/replase faulty paver block and if not done we will file case against him . after receipt of our notice he send me notice for payment of bounce cheque through advocate. then his partner cal me and ask me not go in court for faulty paverblocks. and he assured me that he will not file case against me for chque bounce. so i stop proceddings against him. then i requested department to make me full payment of paver blocks by replacing some faulty paver blocks by purchacing from other supplier. department paid me full payment in march 2019 .august 2019 i received summans from court to appeir in court in cheque bounce case filled by supplier. cheque amount -55000/- guide me
Asked 5 years ago in Criminal Law
Religion: Hindu
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12 Answers
Appoint a lawyer dealing in cheque bounce case. Though, it would take time, contest the case forcefully and you would be acquitted.
You can contest the cheque bouncing case
2) apply for and obtain bail
3) cross examine complainant as to defective materials supplied
4) confront him with mails, letters sent by you
5) in your statement take the plea that material was defective
6) examine witnesses
- I'm prepared to defend you in this cheque bounce case.
- As you had stopped payment and informed the other party with reasons (through legal notice), his petition u/s 138 NI will not stand judicial scrutiny.
- Visit me for further consultation and to appoint me as your advocate to defend you.
File application in court for dismissal of complaint and simultaneously file FIR u/s 420 of IPC for committing cheating for supplying lower grade material contrary to actual deal.
In support of your dismissal application, enclosed documents - refusal of govt. to make full payment due to poor material used, engineer report and replacement/renovation of poor materiel by fresh stoke from another supplier. Hence, no payment due.
See you can contest the matter as the debt was disputed notice and intimation regarding the stop payment was sent to him and he agreed on same. So you can file reply bring the notice and intimation on record.
if he has filed a case 138 NI Act in the court then you will have to appear in the court and would reply back of that allegations properly.you have to contest the matter on merits.
Yes you can get acquitted from the case if you submits all the letters sent to bank and that contractor regarding faulty blocks and delay in delivery of blocks.
- Stopping a cheque , issued for the purpose of payment is a offence , and specially if it stops without informing the receiver of the cheque in question.
- Since, before stopping the said cheque , you have already issued notice to him with the genuine reasons , so no need of worry.
- Better, to appear before the Court and inform the court with details ,including the said notice.
- You are not accountable for the payment of the said cheque , becuase there is no liability to pay.
Even though the cheque bounce case is taken on file since you have already issued a legal notice to the supplier with regard to the sub-standard quality of the material supplied, this notice will serve as documentary evidence to protect your interests or to defend your case properly.
There is no complexity in this matter. You can appear before the court and make your representation that you stopped the payment of the supplier because he defaulted in his services and he provided you faulty products.
It is very much evident that the government imposed penalty on you due to the faulty products supplied by the supplier. That makes a substantial ground for your to stop the payment until supplier provides you the requisite products. There is no need to panic in this matter.
Rather you can file a case against him for cheat and fraud and can ask for damages.
- As per the information mentioned in the present query, makes it clear that you have a genuine case wherein you have been harassed for no reason.
- You please keep everything save with you like their promise for not filing case.
- And if in case you don’t have that then also you acted prior to him by sending the legal notice and also the request to the bank to stop the cheque then how he could get the cheque bounced, there is Facutly if the bank also.
- You should plead not guilty before the court of law and then file your objections to it with all proofs that you have like legal notice, request to the bank etc.
- You do not fall in the category of cheque bounce case as the reason for this is that you have already informed the bank which do not constitute as one of the ground of cheque bounce.
