Outstanding dues

Sr Manager - Legal

Can my friends suggest the possible way outs in the following scenario: 

A is distributor of B.  A owes Rs. 10 lacs to B against the products supplied by B to A, against which A has issued post dated cheque of Rs. 10 lacs to B.  

A remits part payment of Rs. 5 lacs thru RTGS and intimates B not to bank the cheque of Rs. 10 lacs, which cheque is still valid.  A refused to remit remaining Rs. 5 lacs.

Now, (1) Should B deposit the cheque of Rs. 10 lacs in the bank for clearance; (2) upon bouncing of the cheque of Rs. 10 lacs, can B sue A u/s 138.


Kuldeep Gauniyal



Interesting !!


I think the best course is (1) for B to write to A demanding payment of remaining Rs.5 lacs within X days, & stating that if payment is not received the chq will be presented to drawee bank for payment, (2) if payment is not received within X days, the PDC can be presented for payment, (3) if the PDC bounces, notice u/s 138 can be sent, mentioning that since Rs.5 lacs has been received, the demand is for the remaining Rs.5 lacs.





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