In a non fulfilment of a lease contract a person has issued a cheque of 2.5 lakh as per the agreement and has told to present it after two months. Later he issued a cheque of 1 lakh as a part payment and was encashed.Now there is a balance of 1.5 lakh that has to be paid by him and the old cheque of 2.5lakh is about to reach the three months validty period. When i am asking him to repay the balance he is postponing the balance payment and saying that i cannot use the 2.5 lakh value cheque to get the balnce and if it is used a cheating case will be filed by him as the amount payable by him is only 1.5 lakh. so let me know can i used the cheque and can i initiate case under NI ACT and recover the balanace.
Please advise..... replies are highly appreciated.
Thanks and regards
