Partial Payment - NI 138

Querist : Anonymous (Querist) 29 January 2011 This query is : Resolved
Dear Experts:

In my case accused has paid partially after issue of Lawyer Notice. But he has not paid the agreed upon interest (as agreed in promissory note and sworn affidavit). Please send me any Case Laws that says case is sustainable eventhough partial payment has been made.

Also, the pronote and consideration receipt issued does not have stamp or witness signatures but is signed by accused. Is such a pronote valid in court?

Regards.,

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Advocate. Arunagiri (Expert) 29 January 2011
By making the partial payment the accused will not get relieved from the case.

Your pronote and receipt will not get invalidated just because they are not stamped. You can pay the penalty in the civil court.

Regarding the witness signatures, Leave it to your counsel, he will take care of it.

Amit Minocha (Expert) 29 January 2011
I disagree with Sh SKJ Advocate, part payment would not be a ground of discharge, if the signatures are admitted on pronote Court may not go into its validity as it is still a debt. You can take objection for unstamped pronote but will depend upon judge to judge. Further, admission of making part payment would also support 139 presumption against the accused.

Ajay Bansal (Expert) 29 January 2011
Agreed with Arunagiri.

Querist : Anonymous (Querist) 23 June 2012
Sirs;

In 313 stmnt accused has averred:

"Receipt of part payment amounts to waiver of right to seek action of the higher value cheque"

Is this maintainable in law or is there a citation to that effect? Pls help and enlighten me. I am worried about this.

Regards: