Cheque dishonour

Rakesh Agarwal (Querist) 13 January 2009 This query is : Resolved
Whether case may be filed for the dishonour of cheque U/s 138, when part payment already received by the drawer?

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Srinivas.B.S.S.T (Expert) 13 January 2009
only if no receipt was issued for the receipt of that part payment. Lets see what our learned friends opine.

Neeraj Arora (9897136755) (Expert) 14 January 2009
Dear Rakesh Agarwal
yes case may be filed for the dishonour of cheque U/s 138, after all when part payment Has already received by the drawer. There are so many Rullings Regarding this.

Raj solanki (Expert) 14 January 2009
yes, you may be filed a case under section 138 N.I.Act for the rest of payment and in this regard, several high courts and apex court have passed several judgments on this points.

RAKHI BUDHIRAJA ADVOCATE (Expert) 15 January 2009
I do agree with my all Ld. Friends. But Sir, it would be easy if u provide any judgement of any High Court of SC.

MANISH (Expert) 16 January 2009
Dear Mr. Aggarwal,
If the part payment has been received by the holder of cheque, still the criminal complaint could be filed against the drawer of the cheque; inasmuch as, the main base of the offence u/s 138 NI offences is about the dishonest intention of the drawer of the cheque of not paying the amount what he has promised for, in the cheque.
Once the dishonest intention is proved, by the dishonourment of cheque, the offence is completed.

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