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Cheque dishonour case

(Querist) 09 February 2017 This query is : Resolved 
I took a loan from a friend holding an account in other state, about six months back and issued cheque in favour of him telling him to inform me a day in advance before presenting for clearance He didn;t informed me and presented it and got returned. I don't the problem with his banker, later the same person asked me to issue the cheque in another person name. While sending the cheque I did once again informed him as some cheques are under clearance, after informing me to present the cheque. But, again he did it without telling me and got returned.

The cheque which got returned is in the name of other person, but person who lend the money wantedly posted a message in the social media with my photo and other related photographs and cheque return notice in the name other person, seeking cooperation from other social media friends of mine on the issue. I brought to his notice to delete the post, but refused to delete the same till he gets back the payment.

What he done is it correct and as per rules?

Actually person no. 1 has lent me and as per no 1 advise cheque was issued to person no 2, payment has to be made to person no 1 or person no. 2 by draft?

As per the rules on cheque bouncing cases, I came to know that, the person who is holding the dishonoured cheque should first issue a demand notice duly signed by him or through his lawyer.

I have clearly told him after deletion of the post I can go ahead in clearing his dues. what I have done is right or wrong?
Should I wait for his demand notice and after replying to the contents of it with seeking some more days time to clear the dues,wait for his reply and make the payment?

Hope, I get detailed clarifications, so that, as per the advice given by you experts I want to close the issue amicably.
Madhava Rao Gorrepati (Expert) 10 February 2017
what the person No.1 doing is nothing but black mailing. He defamed you among your friends. you can counter it by service of defamation notice. He would delete the post immediately. Cheque is given in the name of person No.2. There are no lending borrowing transactions between you. the presumption does not apply in this case. May be the person No.1 is holder in due course. Still if you are not due any amount to Person No.2, the person No.1 does not get any superior rights. Let the person No.2 or person No.1 give the notice. By complying with the notice you can being the dispute to an end. But what about defamation? He has to pay compensation to you. her may come to terms.
Rajendra K Goyal (Expert) 11 February 2017
You said:
telling him to inform me a day in advance before presenting for clearance He didn;t informed me and presented it and got returned.

Reply:

You have issued the cheque, you should have balance in the account, he is under no obligation to seek your permission before presenting the cheque.


You said:

later the same person asked me to issue the cheque in another person name

Reply:

You should have not issued if he has not asked in writing.


Rajendra K Goyal (Expert) 11 February 2017
You said:
I brought to his notice to delete the post, but refused to delete the same till he gets back the payment.
What he done is it correct and as per rules?

Reply:

the step of lender is not correct.

You said:

Actually person no. 1 has lent me and as per no 1 advise cheque was issued to person no 2, payment has to be made to person no 1 or person no. 2 by draft?

Reply:

has person No. 1 has asked you in writing to pay amount to person no. 2?

Rajendra K Goyal (Expert) 11 February 2017
You said:

I have clearly told him after deletion of the post I can go ahead in clearing his dues. what I have done is right or wrong?

Reply:

You have taken money, you should pay after taking acknowledgement / receipt.

You said:

Should I wait for his demand notice and after replying to the contents of it with seeking some more days time to clear the dues,wait for his reply and make the payment?

Reply:

Cheque issued by you has been dishonored, you should pay the liability after taking receipt.


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