LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dharmesh Manjeshwar (Advocate/Lawyer)     18 August 2009

Part amount paid after dishonour

A cheque of 5 lacs is dishonoured, the Payer thereafter makes part payment of 1 lacs to the Payee, receipt of which is endorsed by the Payee. Afterwards Payee issues demand notice to Payer and demands cheque amount of 5 lacs and files case u/s- 138 N.I. Act. Even the complaint states liability of 5 lacs only.

Is the demand notice of 5 lacs of the Payee valid as the legal liability prior to the receipt of notice was only 4 lacs, doesn't the demand notice suffer from discrepancy ?

Are there any helpful judgements for the Payer in such a case.



Learning

 6 Replies

R.R. KRISHNAA (Legal Manager)     18 August 2009

The accused can raise the defence that the complainant has suppressed the material fact in the legal notice as well as in the complaint.  The accused may even argue that the entire case is defective due to the reason stated by you.

But on the whole I feel the accused cannot be exonerated from the lawful liability.  Because a mere suppression of fact cannot invalidate a case (case under 138) when the ingredients of offence has been clearly made out.

bhumika singh (Lawyer)     18 August 2009

You can file a complaint under sectrion 138 of N.I.Act even you have received part payment of the cheque. The offence is related to dishonour of the cheque and according mens rea is counted. The part payment is not relevant to the extent the accused appears in the court and admits the partment. It will even give strength to your case if he admits part payment. The court while passing sentence can take the amount in the consideration while awarding compensation which may be twice of the cheque amount in addition to 2 years imp and fine.

ghansham das (self employed engineer)     19 August 2009

why there should be variety of different las which are read by different expert with different opinions?

let the las ministry must treply.

Change the laws is neede fast.

 

K D Pande (Advocate)     27 August 2009

Your complaint will not stand as there is no laibility of drawer of the cheque of Rs. 5 lacs at the time of filing complaint. Complaint can be maintainable for discharge of existing partly or fully lailbility and not for execss amount. You have also suppressed the fact of part payment even you ackoowledged for the same. As you acknowledged part payment this fact stand between winning og case.   

PARTHA P BORBORA (advocate)     28 August 2009

PART PAYMENT IS NOT A BAR AGAINST A PROCEEDING U S 138 N I ACT. IF U PAID ONE LAKS BEFORE THE COURT WILL DIRECT U TO PAY 4 LAKS.

Uday (Lawyer)     28 August 2009

The Madras High Court has recently given a direct judgement supporting the views of Mr.Pande


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query