Two cheques having same liability

Querist : Anonymous (Querist) 13 July 2026 This query is : Resolved
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.

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Quick Summary

A buyer paid Rs 1.23 crore for plots that were never delivered, leading them to demand their money back. Two cheques, one for Rs 1 crore and another for Rs 50 lakh, were issued by different authorised signatories of companies with the same name. The Rs 1 crore cheque has bounced, and a complaint under Section 138 of the Negotiable Instruments Act has been filed, but the actual debt is Rs 1.23 crore, not the Rs 1.03 crore initially stated. The buyer now wants to return the Rs 50 lakh cheque and is seeking advice on the total debt amount to claim in a new demand notice, and whether amendments can be made to the existing complaint.

T. Kalaiselvan, Advocate (Expert) 13 July 2026
There appears to be a lot of confusion, hence you may better discuss with your own advocate and take suitable as necessary to the circumstances

Dr. J C Vashista (Expert) 14 July 2026
Redraft with facts in simple language so that the experts may understand it properly, if you want obligation.
Otherwise it would be appropriate to contact, consult and engage a local prudent lawyer for proper analyses of documents /circumstances of the case, professional advise and necessary proceeding.

P. Venu (Expert) 14 July 2026
You have posted a riddle than a query. Please post simple facts.

kavksatyanarayana (Expert) 14 July 2026
You stated that 1.23 crore was given for the purchase of plots to a company. But the company's authorized persons gave a cheque of 1.00 crore and 50 lakhs each. Is it reliable? Actually, if you have any problem, state the full facts clearly. Otherwise, you must engage a senior advocate and follow the necessary steps.

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