Part payment after cheque presentation in bank on same day

Nilam Tiwari (Querist) 03 November 2025 This query is : Resolved
Please tell me: Does 138 of ni act applicable and demand notice become valid when any part payment done after cheque presented in bank for encashment on same day, and demand notice does not disclose the balance exact amount and disclose the full amount of cheque.

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This discussion explores the validity of a cheque bounce case (Section 138 NI Act) when a part payment is made on the same day the cheque is presented for encashment. It questions whether a demand notice, failing to disclose the exact remaining balance and instead stating the full cheque amount, renders the complaint invalid. The consensus suggests that the complaint may still be maintainable, as the payee might not have been able to endorse the cheque with the part payment details, leaving them with no alternative but to file for the full amount.

T. Kalaiselvan, Advocate (Expert) 04 November 2025
The complainant can stil file the cheque bounce case for the part amount that remains unpaid as on the date of filing.

Nilam Tiwari (Querist) 04 November 2025
The Complainant has filed 138 ni act complaint of full amount of chaque without disclosing in demand notice about part payment which was paid at the day of cheque presentation. whether the Complaint and Demand Notice is valid or not?

T. Kalaiselvan, Advocate (Expert) 05 November 2025
The validity will depend on how you challenge his cheque bounce case with supporting documents in your side.

Advocate Bhartesh goyal (Expert) 07 November 2025
Since after presentation of cheque for encashment by payee , you made part payment of cheque amount, so payee could not made endorsement on cheque regarding balance/remaining amount and without having been made endorsement on cheque he had no option to file complaint for full cheque amount in such situation his complaint is maintainable.

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