Dishonour of cheque
THIYAGARAJAN
(Querist) 09 January 2017
This query is : Resolved
Dear Experts, I have received a cheque from a person who owes me a money. But the problem with that cheque is he has written the amount in words with some spelling errors (i.e., Wrote Fifty thousand as fivety thousand) but wrote the amount in numbers correctly. Is there any chances for the cheque to dishonoured on that grounds. And I suspect that he has intentionally made this error because if the cheque dishonoured on ground of Insufficient fund we can sue him U/s 138 of Negotiable Instrument act and to escape from that only he has made some spelling errors. If the cheque returned on the ground of spelling mistakes, Can I sue him? Hope you understand my situation. Kindly provide the advice in this regard.
Guest
(Expert) 09 January 2017
First Present the Cheque and see the Fate of it.It is your Mistake also for Not verifying while collecting.Better deposit it and see the Fate of it and Then Could Decide.Atleat you fill the deposit challan correctly.
THIYAGARAJAN
(Querist) 09 January 2017
Thank you for your reply sir. And I know how to fill a challan, Humans are tend to commit mistakes it doesn't mean they are fools or illiterate and only because of that mistakes and error we seek your help. If you are not interested in the query you can simply ignore. You are in a respectable position try to keep that. And Finally Thanks a lot for your kind concern.
Rajendra K Goyal
(Expert) 09 January 2017
You should present the cheque and if dishonored, serve the notice of dishonor.
He is responsible if has done such mistake intentionally.
There are possibility, Bank may not return the cheque on this ground.
However, please inform:
Whether he is refusing to issue another cheque with error rectified.
Rajendra K Goyal
(Expert) 09 January 2017
Dear Author,
please maintain decorum. If you do not agree / accept / convinced with any advice you are free to ignore one or all the advises.
Using such comments on an expert who is providing selfless / free advice without any type of gain, by spending time, net charges is not appreciated.
THIYAGARAJAN
(Querist) 09 January 2017
Thank You Rajendra K Goyal Sir..
Guest
(Expert) 09 January 2017
I Do withdraw my suggestion and it is my mistake of advising the Intelligentsia and Brilliants.
Guest
(Expert) 09 January 2017
Mr. Thiyagarajan,
There was nothing wrong in the advice of Shri N.J.S. Rajkumar and your remarks on his advice was totally uncalled for.
In fact, when the cheque has not been dishonoured, presently you don't have any legal problem. You seem to be seeking answer only to an academic query that too merely on your supposition, "he has intentionally made this error because if the cheque dishonoured on ground of Insufficient fund we can sue him U/s 138 of Negotiable Instrument act and to escape from that only he has made some spelling errors".
So, your question would have been justified only if the cheque would have been dishonoured.
When you say, "Humans are tend to commit mistakes it doesn't mean they are fools or illiterate and only because of that mistakes," why don't you think that spelling mistake would have occurred through an oversight of the drawer.
So, why don't you contact the drawer to get the correct cheque?
Kumar Doab
(Expert) 10 January 2017
Dear LCI Author @ Thiyagarajan,
The bank may relate the amount written in words and numerical and may bank and if passed the funds shall be in your a/c.
If the cheque is returned unpaid bank shall issue the memo.
In any case you are at liberty to contact the person that has issued the cheque and exchange it on the spot, only after collecting the correct cheque.
Your comments on expert Mr.N.J.S.Rajkumar are uncalled for.
Your query has been addressed.
Later you have thanked expert Mr. Rajendra K Goyal.
It is good to see that.
You could have thanked Mr. Mr.N.J.S.Rajkumar also. He has also addressed your query. He has done no harm by pointing out the mistake that has indeed happened.
Adv. Yogen Kakade
(Expert) 10 January 2017
In such case, your cheque is still admissible. Deposit the same in the bank and if it is dishonored, then check the reason for such dishonor and act accordingly.
And I too did not like the way you replied to Mr. Rajkumar's reply. He is an expert adviser in this forum and a learned lawyer. You should certainly apologize him for such act.
It is advisable for you to appoint a lawyer for further proceedings of the court.
Adv Prashant
(Expert) 10 January 2017
Alternatively you can file case for section 420 FORGERY if cheque bounced other than insufficiency of funds.
THIYAGARAJAN
(Querist) 11 January 2017
Thanks all for your valuable replies..
I am terribly sorry for my reply against Mr.N.J.S.Raj Kumar Sir's reply. And Once again thanking all the experts who have devoted time for me.
Guest
(Expert) 11 January 2017
To Err is Human.Thanks For your acceptance .I did not have any intention of insulting you. All the Best and you could always Post here for your doubts and clarifications.
Guest
(Expert) 11 January 2017
Thanks to All the Experts.
THIYAGARAJAN
(Querist) 11 January 2017
Thanks for your kindness Sir and Hereby thanking all the experts for your replies.
Guest
(Expert) 11 January 2017
Welcome and Very nice of you.
Guest
(Expert) 11 January 2017
My Sincere Thanks to Experts Mr.Rajendra K Goyal,Mr.P.S.Dhingra,Mr.Kumar Doab ,Mr.Yogen Kakade and Mr.Prashant
Guest
(Expert) 11 January 2017
You are welcome, Mr. NJS Rajkumar.
Kumar Doab
(Expert) 11 January 2017
Dear LCI Author @ THIYAGARAJAN,
Your coming back and posting regret and also appreciation for expert Mr.N.J.S.Rajkumar is appreciated.
Kumar Doab
(Expert) 11 January 2017
Dear fellow expert Mr.N.J.S.Rajkumar,
You are welcome.
