Two cheques having same liability
Querist :
Anonymous
(Querist) 13 July 2026
This query is : Open
A person gives Rs. 1.23 crore amount to company for purchase of Plots. Plots were not sold to complainant so, complainant demanded his given money back. Two persons as authorised signatory/properietor gave 1-1 cheque of different bank account of same name companies' cheques as 1 crore and 50 lakh rupees respectively. The 1 crore cheque is given in sept. 2024 by first person. The 50 lacs cheque given in Nov. 2025 by second person. The second person had handover the firm to first person in September 2024. And the second person has remained the firm on same name as before. The cheque of 1 crore has been returned and a complaint under section 138 of the negotiable instrument act filed against first accused person for Rs. 1 crore amount as written in cheque in court by mentioning that “Rs. 1.03 (in figure and in words) amount was paying by complainant to accused (legally debt) for that the accused has given cheque for Rs. 1 crore.” The calculation found at that time is Rs. 1.03 crore But, the real calculation found after filing complaint is Rs. 1.23 crore. Now, the complainat want to return the 50 lacs cheque given by other person. What amount of total debt the complainant can mention in demand notice given after return of 50 lacs cheque. Can he mention that the total debt of Rs. 1.23 crore with demanding 50 lacs as written on cheque amount in second demand notice or demand 23 lacs only against other accused person?
- Total amount of the two cheques (1 and 0.50) is Rs. 1.50 crore and legally debt is Rs. 1.23 crore.
- Amount shown in first notice and complaint is 1.03 crore but acturally is Rs. 1.23 crore. can do any amentment in complaint? what other remedy? Can not effect on legality of demant notice ?
- The amount of 1 crore not received back to complainant yet.
