Shubhadeep Roy 27 June 2022

Sec 138 and payment of money!!

Can I file a suit under section 138 of NI ACT for recovery of money,when a part of suit amount is paid by the accused after receiving the legal notice ??????

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Quick Summary

This discussion explores whether a lawsuit under Section 138 of the Negotiable Instruments Act can be filed when the accused makes a partial payment after receiving a legal notice for a dishonoured cheque. The advice given is that if the cheque was originally for the full amount and is still in your possession, you should issue another notice for the remaining balance. If this is not paid, a case under Section 138 can proceed, and the partial payment can be disclosed in the complaint.

2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 27 June 2022

Was cheque issued for the full amount originally? Have you still got with you the returned cheque? If the answer is yes for both the questions, issue another notice to pay the balance amount. If it is not paid in full, file case under Sec138.

SHIRISH PAWAR, 7738990900 (Advocate) 27 June 2022

Hello,

The legal notice has to be fully conplied with. The accused has to pay the full amount. If amount is not paid fully, in that case complaint has to be filed before court. You can disclose the part payment made in the complaint.