Ashok Gupta (Director) 10 October 2012

Payment of particular bill

Against supply of goods vide two bills, party issues one cheque against one bill. That cheque gets returned b'coz of insufficien funds and party makes payment by Pay Order of that particular bill. Bounced cheque returned by the bank remains in our hands.

Further party does not make payment of second bill. Now can we represent the cheque earlier got bounced. If so then if it is again returned then can we file case under 138, considering it to be the cheque against our second bill though the amount of bill and amount of cheque is different.

Can party shed its responsibility by filing reply in the court that the cheque in question was paid by Pay Order thus its void.

Opinion of experts is sought please.

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3 Replies

DAULAT DILBAUG (Problems related to money marriage matters.-dostnaye@gmail.com) 10 October 2012

NBFC and financiers do this type of mischief all over India and file NI 138 cases.

Whenever such cases are contested properly the same are dismissed but it will depend on the skill of the defense advocate.

Ashok Gupta (Director) 10 October 2012

Sir,

Thanks for the reply. I will be highly obliged if you elaborate the reply. Due to lack of knowledge in such matters, I am not able to make out inference out of your reply.

With Regards,

Ashok Gupta

R Trivedi (advocate.dma@gmail.com) 11 October 2012

Check the validity of earlier cheque (time wise).

Most likely when the party made you the payment by pay order, they would have gottne some proof from you or some written communicatin that the pay order is being given in lieu of that bounced cheque. Matter closed.

If the cheque amount is higher than the due amount, then also matter is closed.