• Part payment done before cheque was presented to the bank, cheque bounced.

Post dated Cheque was issued to me for amount 39 lacs, before we presented the cheque to the bank..10 lacs was transferred via RTGS to my account by the Payee.
Requested the payee orally to issue a new cheque for remaining 29 lacs and i will return the original cheque of 10 lacs ,but he did not stating he will transfer the rest of the amount as well.
But he did not make the payment and i had to present the cheque(since the 3 months from the date of the cheque was about to expire).
Cheque bounced due to insifficient funds.
Now i have issued a demand notice for the entire 39 lacs.
Will this hold good under NI act since he has made part payment?
What are my best option to ensure I receive the rest of the money?
Can i file civil and criminal case?
Asked 2 months ago in Criminal Law
Religion: Hindu

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11 Answers

Out of 39L 10L were received through TRGS, the cheque of 39L becomes invalid, it cannot be presented again. Any presentation will amounts to seeking withdrawal of  39L which  the payee is  not entitled to. Your option is to file summery suit for recovery of 29L where in the debtor has to deposit the due amount within ten days in Court, failing which  you will get direct decree from Court.

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

You should have mentioned the part payment done by him. Anyways he has to pay tye remaining amount and hence your case is strong as only part patment has been made and you had no other option.

If he has duped you into giving the money then a fir can also be filed against him under section 406 of the IPC.

 

Rahul Mishra
Advocate, Lucknow
13709 Answers
63 Consultations

5.0 on 5.0

Cheque bouncing case for Rs 39 lakhs would not hold good as only Rs 29 lakhs is due and payable 

 

file civil suit to recover Rs 29 lakhs with interest 

 

Ajay Sethi
Advocate, Mumbai
87596 Answers
6134 Consultations

5.0 on 5.0

There is no issue even part payment made legal proceedings can be initiated further for balance payment

Prashant Nayak
Advocate, Mumbai
26998 Answers
84 Consultations

4.4 on 5.0

-  As per Section 138 of the Negotiable Instruments Act, 1881, the cheque should be towards the discharge of either the whole debt or part of the debt , and if the cheque is for more than the amount of the debt due then Section 138 cannot be attracted.

- Hence, if you have admitted that the part amount of 10 lac dully received by you, and issued notice for whole amount then N.I. Act will not attracted, and a civil suit can be file for the recovery of remaining amount of cheque. 

- However, if you have deny that till the date of issuance of the notice , no payment made by the opposite party then N.I. Act will be applicable. 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

Hello,

The claim amount should be of 29 Lacs . Rectify your notice else during trial you might be in problem.

Regards

Swarupananda Neogi
Advocate, Kolkata
2939 Answers
6 Consultations

4.7 on 5.0

-    Your cheque bounce case will fail if your notice not took care of 10 lakhs.
I guess you chose some online website to send notice. This is what happens if inexperienced lawyers send notices.

 

-    You now file Civil recovery summary suit.

 

-    If you go for cheating FIR then he will submit your notice to police.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Dear Sir,

You need not worry about payment of 10 Lakhs by him and it is for him to prove the same that the said 10 Lakhs to be deducted from 39 Lakhs and he must demonstrate accordingly. You can file both civil and cheque bounce case immediately to avoid and save limitation. There will be no draw back in your case but pleading must be very strong.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
374 Consultations

4.8 on 5.0

The cheque bounce case is based ion the instrument alone.

You cannot file a cheque bounce case as the amount mentioned is not actual legally liable amount since the borrower had already paid a part amount of the total amount mentioned in the cheque.

In fact you cannot file a civil money recovery suit too based on this cheque, however you could have issued a legal demand notice without presenting this cheque to the bank for payment.

Your act of presenting the cheque for payment of the cheque mentioned amount can be considered as an act of fraud on your side because you know the fact that this is not the correct amount and that you have already been paid a part amount, therefore the next option before you was to issue a legal demand notice demanding the balance amount and not by presenting the cheque for the total amount.

Even now, without producing the cheque you can file a money recovery suit on the basis of the part repayment which will act as an evidence to recover the balance amount that is due to you from the borrower.

 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

As you have received a part payment, you cannot issue a demand for the entire amount. In view of the part payment made, the debtor may try to convince the court of his/her genuine intention to repay the loan and thwart your efforts. To protect your interests, obtain a promissory note for the balance amount, preferably with a letter stating the circumstances under which it is issued.

Swaminathan Neelakantan
Advocate, Coimbatore
1883 Answers
18 Consultations

4.9 on 5.0

Dear Client,

As per the facts which have been provided, file a civil suit for the recovery of 29 lakhs.

Thank You.

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

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