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Dishonour of Cheque

(Querist) 29 August 2008 This query is : Resolved 
I given a sum of Rs 2 lacs as a token amount for purchase of a house & get a paid receipt of said amount on revenue stamp signed.No agreement was executed. Later it come to know that the said property was disposed off to some other person. I demanded back the money, he given a A/c payee cheque of Rs 2 lac after a great time spoil. Cheque dishonoured. On consultation he paid cash of Rs 1 lac 20 Thousands in total in instalments till today.
He is not paying the balance now.
1) What should I do now?
2) whether the part payment will efect the case U/s 138 NIAct, if I produce the cheque again (as nearly 45 days over of bouncing the cheque)and give him a notice U/s 138 NIAct?
3) If no how may I send a Notice for dishonour of Cheque for whole amount, when I received already a part of it.
Pls suggest.
Srinivas.B.S.S.T (Expert) 29 August 2008
have you given him any recipts acknowledging the receipt of amounts?

1) you can seek recovery of sums by filing a civil suit

2) notice has to be issued within 30 days from the knowledge of dishonour of cheque. if the madatory period is lapsed then you can present the cheque for clearance again. Provided the cheque is within the limitation period of 6 months
SANJAY DIXIT (Querist) 30 August 2008
Thanks for very quick response.
No, Dear Srinivas he has paid Rs 1 lac 20 thousands in cash in two instalments and no receipt was given in this regard.
secondly I am confused whether it would be fair if I reproduced the cheque--> dishonoured again--> issue notice --> and then file the case U/s 138 NIAct for WHOLE AMOUNT.
Pls suggest.
SANJAY DIXIT (Querist) 30 August 2008
..
KamalNayanSaxena (Expert) 30 August 2008
SANJAY DIXIT (Querist) 30 August 2008
pls suggest.
Srinivas.B.S.S.T (Expert) 30 August 2008
As they say every thing is fair in love and war, lets apply that to litigation also. Sir you can file a complaint as there is no proof for the payment he made. Cuz he already paid 1-20Lakhs he will definetly come for a compromise. Then demand the remaining 80 thousand as well as the costs of litigation and notpress the complaint.
SROTAS -Global Legal Services (Expert) 30 August 2008
Dear Sanjay,
In this case you once again deposit the cheque for collection. If it returns, then send a legal notice for entire cheque amount. Let him reply i have paid 1 lakh 20 thousand. If he is not replying, then file a complaint with in time. Let him appear before the judge as accused. Automatically he will come for settlement.
SANJAY DIXIT (Querist) 30 August 2008
Thanks dear Srinivas & Srotas-Global Legal Services for yor kind suggestions.
Adv.Shine Thomas (Expert) 31 August 2008
You file a case u/s 138 NI Act and u/s 420 for Cheating. Then he will approach you for settelment.
SANJAY DIXIT (Querist) 31 August 2008
Thanks for kind suggestion.
H. S. Thukral (Expert) 01 September 2008
Sanjay, there is a AP HC judgment where part payment is made before the cheque for full amounbt is presented and complaint is held maintainable. Kindly see 1999(II) Civil Court Cases 650 AP
sanjay kumar patibandla (Expert) 01 September 2008
Sir, Some times we have to forget some things. Like that only, Now we have to for get he had paid 1.20 lakh.to you. Because you have not issued any receipt.

You present cheque again. If that man come forward to clear the remaining debt you take only 80,000/-. First u represent the cheque. With out representing the cheque you can not do anything under 138 of N I act.
SANJAY DIXIT (Querist) 03 September 2008
Thanks Mr Harbhajan & Mr Sanjay for giving your valuable time. Thanks Harbhajan again for providing the relevant case law.


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