Ni act endorsement on cheque

If ₹1 lakh was paid before presentation, then technically, the legally enforceable debt at the time of cheque presentation is ₹6 lakh only.

Presenting the cheque for ₹7 lakh without endorsement or adjustment could be argued by the accused as presenting it for an amount in excess of liability, which may defeat the presumption under Section 139.

Hence, before re-presenting, it’s advisable to endorse “₹1,00,000 received towards cheque amount” on the reverse of the cheque and re-present it for ₹6,00,000.

If dishonoured again, you can issue notice demanding ₹6,00,000 (balance).

Since the amount was already mentioned on the cheque you were left with no choice other then presenting it in the Bank you go for execution of 7 lakh notice and later when they give proof of 1 lakh in the court accept it the other party will be bound by law to deposit remaining 6 lakh in court,don't mention of any such receipt at the stage of notice

Thank you sir

Yes, as you have received Rs 100000/-from drawer so now cheque  for Rs 700000/- is not due and can not be legally  recoverable..You need to make endorsement Rs 100000/- towards cheque amount on backside of cheque and represent cheque for encashment of Rs 6000000/-.

If you do any endorsement on the back your check will become a waste as any alteration in the amount will make the cheque dishounored due to other reason not enforceable under the NI act.

Expert Ravikant Mani has advised in the proper perspective. Abide by it.

When a cheque is drawn for a certain amount any endorsement (writing on the backside of the cheque) cannot change the value of the cheque. This is a tricky question which only a court of law can decide. Even genuine straightforwrd NI-138 cases drag on. As a lawyer you can advise your client. If he still wants, proceed. But do not make any endorsements or alterations on the cheque.