{Balu manikantan} SUBRAMANYAM (Practising Advocate) 05 February 2016

Cheque bounce related

In a non fulfilment of a lease contract a person has issued a cheque of 2.5 lakh as per the agreement and has told to present it after two months. Later he issued a cheque of 1 lakh as a part payment and was encashed.Now there is a balance of 1.5 lakh that has to be paid by him and the old cheque of 2.5lakh is about to reach the three months validty period. When i am asking him to repay the balance he is postponing the balance payment And saying that i cannot use the 2.5 lakh value cheque to get the remaining balance and if it is used a cheating case will be filed by him as the amount payable by him is only 1.5 lakh. so let me know can i used the cheque and can i initiate case under NI ACT and recover the balanace.is there any bar forusing the 1lakh as the part payment of 2.5 lakhs under NI Act.

Please advise..... replies are highly appreciated.

Thanks and regards

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6 Replies

Shreyans M 05 February 2016

Firstly, you shouldn't have deposited the cheque of Rs. 1 lakh and if you have taken payment in parts, than you should have asked to give 2 cheques aggregating to Rs. 2.5 lakhs. Well, thats not possible now.

Now, if you deposit the old cheque of Rs. 2.5 lakhs than obviously that can be a backfire on you. I would suggest you to not to deposit it. You can send him notice stating all the facts and demand the balance amount. Also, you can refer to the old cheque of Rs. 2.5 lakhs. If he doesn't make the payment good, than you shall be at liberty to deposit the said cheque and if it gets dishonoured than you shall also be at liberty to file case u/s. 138 of NI Act. Also, you can mention in the notice itself that if the said cheque of Rs. 2.5 lakhs gets honoured than you will refund balance amount of Rs. 1 lakh the very next day.

Regards

r.sathyanarayanan 06 February 2016

U deposit the cheque,if it is honoured u refund the excess amount by dd,otherwise in 138 notice u state the facts and claim the exact amount to which u are entitled.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 06 February 2016

Presenting the cheque amounting to 2.5 lakh would amount to a wrongful act especially because the amount due is lower than that . Do one thing . Present the cheque for wncashment . It will obviously be returned .Send him a properly draftee notice that the amount due from his end is 2.5 only as 1 lakh was agreed to be paid by him as damages towards the said delay . That averment should be stated to have been made by him orally . However this could also backfire. Hence the best option is to file a recovery suit

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 06 February 2016

nilesh kothari 06 February 2016

sir i was take 5 lac rupee from a person and i give my blank cheque to him and after four month 4 lac rupee return by me and 1 lac rupee due for 2 month ,now after 2 month he tell for more money otherwise he will bounce my cheque and put the court case against me.now what i am try to do..

Abhishek Dadhich (Advocate) 08 February 2016

Mr Subramanyam,

Firstly, send him a legal notice stating -

* all the facts of the lease contract and cash transaction

* demand the balance amount in 7 days

* a warning that if he disobey the legal notice than you are going to encash his cheuqe of rs. 2.5 Lakh and refund him the excess amount.

Sending him a legal notice will discharge you from "Criminal Intention" and make you a bonafied person. If even after this he prosecute you for fraud than the legal notice will protect you. More over of that you can also lodge a criminal complaint against him for malicious prosecution.

Regards

Abhishek Dadhich.

Advocate