Sir , two cheques were issued with regard to a liability, ,a police complaint is made, drawer threatened by police, the drawer makes a part payment in front of police and no receipts issued towards payment, the drawer obtains a anticipatory bail. unable to get further amount the drawee, presents the cheques, issues notice suppressing the police complaint, case filed under sec 138 NI act, while cross examination, the complaintant admits receiving part payment at police station but admits a lower amount. The question is ? when part payment is paid on a cheque amount, presenting the cheques for full amount and filing case under 138NI maintainable? will this case stand or liable to be dismissed ? can anyone cite judgements please?
