Section 138 case for bounced cheque but part payment sent

The whole problem in our banking sector that they do not recognise such rulings and by the time you get some  order the time is elapsed.

Try to get new cheque , other present for balance amount by making endorsement of part payment recieved.

Those suggesting for full value presentation should do on their own peril since it may also attract other criminal actions.

ketan,

you should mention this fact in notice aswell as in court that you got 5 lac and remainng you are asking for 35lac ad not 40 lac, since you dont have smaller ch, so you file complain againt 40 lac single ch,, but actually you need only 35 lac. i think if u disclose this fact. , then your bonafied will be at court. its shows that u didnt supress facts.

Power of defense is immense since it is based on negative which is perpetual.

Nature always sides with the hidden flaw. OR

The hidden flaw never stays hidden for long.

So the section 56 opens a flood gate of defense for accused of cheque bounce.Once a cheque is issued make small part payment before due date. Keep its record admissible in court. In all probability the cheque will be presented for full value so the complaint will be quashed on this point alone.

Hi!

The section 56 also allows for  partial endorsement on the cheque. Can somebody guide me as to how this is to be done before presenting the cheque. 

SOS as I ahve to do it today or latest tomorrow.  

Thanks for your help guys!

You have made a mistake by not issuing a legal notice immediately after the cheque bounced for the first time. What made you to wait till the 85th day for presenting it for the second time?Now that 5 lakhs out of the 40 lakh liability has been paid on the 60th day,your case is not maintanable u/s 138.You will have to show the transaction for the total consideration of 40 lakh.

@SAINATH

We thought the buyer had good intentions and would eventually pay up.

Can I endorse the amount already received and present the check again for the balance ( see negotiable instruments act Section 56)?

PROCEED TAKE ACTION: EVEN FOR PARTIAL LIABILITY, 138 APPLY. 

WILL SEE AT THE TIME  OF HEARING. NOW SEND NOTICE, FILE 138 NI 

Dear Ketan,

When you are doing business you should always keep in the negatives as well as the positives.When we lend something we should also think about ,what to do if it is not returned back.So for that reason we opt for a cheque or some other security.You are not talking about the computers you have lent.Take thenm back immediatelt and proceed legally .

Respected Sir,

Section 56 N I Act, concerns for negotiable instrument and in negotiable instrument’s definition in addition to cheque, promissory note and bill of exchange are also included, so this definition actually apply only promissory note and bill of exchange, not on cheque. Because cheque can not be presented and honoured by the drawee bank of part amount. Cheque can be honoured what is written on face part of it, it can be endorsed for full amount only. There are ruling on both the sides of different High court, one ruling says cheque should be presented for amount  written on cheque and notice also for that amount and if cheque passed, the amount already paid  in addition to cheque amount should be recovered by drawer saperately it does not effect cheque bouncing case  u/s 138, another as you are showing.

Follow the advise of Mr. Shroff, because in due course a ruling superceding this rule may come by The honourable Supreme Court, when it was shown that such partial endorsed cheques are not paid in practice in Indian banking system. But on safer side please also file the recovery suit in civil court.

Rs 5 Lakhs sent by RTGS was for second delivery, as 1st cheque was bounced, you refused credit and pdc. 

1st delivery of goods 40L payment was balanced on the date of presentation of cheque .

Even if he do not accept second delivery of 5L goods, his advanced payment made for delivery to be sent on 25-3-12 was sent and received or even rejected by the party, have no effect on 1st delivery ofg 40L 

You send 5L material now, and  the 5Lakh  rtgs was for thie adv for next delivery, paid in advance. 

5L is not related to 40L , Two different deal ????

Ketan, so what you did ultimately??

Suggestion of Respected sir V R Shroff is very good and do accordingly it, now your case of 40 l cheque is completely safe in my opinion also.

Your case cover 138 N.I.Act, Filed the conmplaint case.