Chq return amt is lesser than actual ledger amt.
CreateGoodwill
(Querist) 04 February 2013
This query is : Resolved
We have filed NI 138 case against a Dlr who has given the payment for Rs.2L against the outstanding for Rs.8.50Lacs
if the accused pay the 2L can we adjust the same in the overdues and continue the case. pl suggest.
ANIL KUMAR 8867907494
(Expert) 05 February 2013
Give a receipt mentioning that this is part payment towards xyz cheque and balance payable is ........... , and take his acknowledgment this will be safe for you and continue the case
Anirudh
(Expert) 05 February 2013
No. You cannot. You have gone under Sec. 138 only against a specific cheque which got dishonoured. If against the said dishonoured cheque the accused gives you the money then and there the complaint case would go. You cannot say that you will continue the compaint u/s. 138 and would adjust the Rs. 2 lakh paid by him towards the remaining Rs. 6.5 lakh balance for which he did not issue any cheque earlier.
If he has not paid the balance, and if you have enough documentary evidence to show that they are admitted liabilities, then institute a separate summary suit for recovery.
ANIL KUMAR 8867907494
(Expert) 05 February 2013
No lot of courts are settling the issue by directly the accused to pay in installments , until the entire cheque amount is paid by accused how can accused be enlarged from his liability ????? So case will not affected
ajay sethi
(Expert) 05 February 2013
inform the court that parties are trying to settle the case . let accused make a statement that he is willing to pay 8 lakhs in installments .court can record his statement . accept 2 lakhs and let the case be adjourned for further payments .
Raj Kumar Makkad
(Expert) 06 February 2013
You have not mentioned the amount of cheque. If the amount was of 2 lakh which got dishonourned and after receipt of your notice, the accused made payment within the stipulated time of 15 days of receipt of that notice then the matter of cheque ends and you cannot file the 138 NI complaint thereafter on the basis of that cheque.
Your further outstanding amount has nothing to do with the criminal privilege provided under 138 Ni Act.
CreateGoodwill
(Querist) 07 February 2013
Dear Mr.Makkad,
the current stage is NBW has been issued and the accused will come to the court on next date
ajay sethi
(Expert) 07 February 2013
accuased plea will be recorded .accused will make application for stay of NBW
