SEC 138- I am distributor for led lights

1 year ago

am complainant in my case.. I am distributor for led lights. I had done a distributor agreement with a party. I had taken 3 blank cheques @agrreement for credit sale.and also taken bg from bank for the same. After few months dispute with us for margin n days of credit . On that day outstanding towards them was 12 lakhs dated 1.9.2017. But in 230August 2017 he send me notice that he had done stop payment to all cheques and no dues with us . I showed to my lawyer that notice he advised me to encash bg as soon as . I did the same. For rs.4 lakhs .Dates 28.8.2017 In between that the party returned stock of 3 lakhs to me also. Dated 29.8.2017 My lawyer directed to fill a cheque with date 21.8.2017 as I received stop payment notice for 22.8.2017 . He filled the amount 6 lakhs and put the cheque for clearing on 22 .8.2017 .. actually total due when dispute stars was 12 lakhs .. I had received bank guarantee payment and stock after cheque date and before cheque bounce My lawyer send notice .. and not mentioned the facts of the receved stock and bg payment In court complaint also he did not mention. Now the opponent taking stand that cheque was given as security and was blank.. he also saying that after cheque date payment done to me.. I did mistake in writing date on cheque . Can judge consider this as mistake or consider as suppression of fact
ONE MORE THING ON 29.8.2017 WHEN RETRUN GOODS ,BG AMOUNT AND CHEQUE AMOUT TAKEN IN TO BOOKS DUE BECOMES ZERO AND CREDIT BALANCE SHOWS FOR PARTY TO ADJUST THIS I RAISED A DEBIT NOTE FOR SECONDARY SCHMES .... IS THIS ADJUSTED