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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     27 January 2016

Cheque bounce related

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



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     27 January 2016

Sir,

 

Yes no case of cheating be made out against you becasue later when you will file the complaint in the Court under NIA, you can mention that fact clearly and demand your 1.5 lacs.

 

Warm Regards

Kapil Chandna Advocate

9899011450

adv.raghavan (Advocate,9444674980)     30 January 2016

Query seems to be selective, need more information to revert accordingly.

Bhaskaran Advocate (Lawyer)     04 February 2016

U can split.


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