Dishonour of cheque

Mahesh Chand Gupta (Querist) 06 October 2012 This query is : Resolved
Mr. X, Y and Z were maintaining Joint Savings Bank Account. Mr. X lends a sum of Rs. 1,00,000/- to Mr. A who issued a cheque for returning the amount. On dishonour of cheque, Mr. A argued that he has given money to Mr. Y as Mr. X, Y and Z were maintaining Joint accounts. Is it legally acceptable.

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ajay sethi (Expert) 06 October 2012
the cheque must have mentioned that it has been issued to X . must be in his name . so case made out A fizzles out

Advocate Bhartesh goyal (Expert) 07 October 2012
A's arguments has no substance.He should have been issued cheqe in name of X.

Nadeem Qureshi (Expert) 07 October 2012
agree with experts

Guest (Expert) 07 October 2012
Having a joint account with some one has no relevance and logic for the debter to repay the amount to the other person, simply because he is a joint account holder with the creditor.

A's liability to repay debt to Mr. X cannot be extinguished if he makes payment to Mr. Y. If he has paid the amount to Mr. Y, he can claim the amount back from Y until both X & Y agree to settle mutually and discharge Mr. A from the liability.

V R SHROFF (Expert) 07 October 2012
A is liable.
Otherwise he must prove, he gave chq on Y name under instruction of X, as they mtn jt a/c . and for repayment purpose all xyz are one and the same person as Jt a/c holder.

If no liability towards Y, he can ask for refund, and pay it to X

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