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.