Dhrumil Suchak 11 January 2019

NI Act S. 138

Kindly guide me regarding the following issue: The drawer of a dishonoured cheque issued fresh cheques for making payment for dishonoured cheques upon receipt of demand notice from the payee and also sent a reply clearly stating that he has attached fresh cheques with the reply for payment of dishonoured cheques. But the payee of the cheque did not deposit the fresh cheques in the bank and filed a complaint u/s 138 so as to pressurize the drawer and extract entire outstanding dues from him under the pretext of settlement. He has not produced before the Court the reply sent by the drawer as evidence. What should we do in such a case? Please provide relevant citations also. Thanks in advance.

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Dhrumil Suchak 11 January 2019

I have a photocopy of reply, RPAD slips, tracking reports as well as fresh cheques, but the complainant is demanding more money. The matter is kept for cross examination of complainant. I want to know if there is any precedent in this regard that if the drawer sends fresh cheques along with the notice, then his obligation stands fulfilled even if the complainant doesn't present the blank cheques in bank wilfully so as to enable himself to file a case against the drawer by suppressing the fact of reply and fresh cheques.

R Trivedi (advocate.dma@gmail.com) 11 January 2019

No, drawer obligation is fulfilled only on realisation of money. By sending him new cheques you have tied yourself, it will become bad for you if on that date your bank balance was less than new cheque amount. Pay up now and settle, this is compoundable.