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darshan (owner)     06 June 2022

sec138

dera sir
in my case company used my blank cheque. they put 21.08.2021 date on cheque for rs.600000 and shown in statement on 29.08.2021 .but on 29,when cheque added in statement my due was shown by company is 540000 . Statement clearly showing 60000 credit balance in company account
when they got to know this they made a adjustment entry of 60000 on 31.08.2012 and present cheque in bank for rs.6 lakhs which is returned on 1sep with remark uncleared.
my question is that whether this is valid to make entry after cheque taken in company books of accounts maintained by them
note.. the same statement company submit in court
pls guide


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 3 Replies

Dr J C Vashista (Advocate)     07 June 2022

Vague and confusing facts.

Redraft and repost.

darshan (owner)     07 June 2022

on 29 aug company books showing I had given cheque rs 6lak . but on that day my actual duee was 540000 . to prove this they made adjustment in books for rs 60000 and then put up cheque for clearing .. on 31 aug and dishonoured .
is this acceptable

G.L.N. Prasad (Retired employee.)     07 June 2022

Without proper authentication by the drawer, the cheque with material alteration is bound to get bouncing.  This is a simple issue that can be sorted out as the company may have to receive interest and expenses, and they are bound to give acknowledgment and you must have insisted on the receipt with words full and final settlement.  If your worry is about dishonoring of cheque, do not worry as you have sufficient balance on that date and entries supporting the cheque no and amount in the ledgers of the company.  Many facts are confusing, how the third person a company is aware of the actual balance is not known.  When both parties are interested in an amicable settlement, do not get worried about the actions of over-smart employees, as over-smart actions brought them criminal actions against them as material alteration of a negotiable instrument is a criminal offense.  First, hear the versions on record of the other party, before seeking guidance.


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