Person defies agreement on plain paper and deposits cheque
Querist :
Anonymous
(Querist) 04 May 2010
This query is : Resolved
Dear Lawyers,
I wanted to understand regarding a unique situation wherein a person A owed person B Rs 600000.
A gave the cheques amounting to same amount to B.
A then made an agreement and settled the outstanding with B at Rs 300000 and it was paid in cash in four instalments and at the end of it A got a receipt signed by B of the same amount and also stating that B would return the earlier agreement on stamp paper and all the six cheques.
But B didnt return the same and now B has suddenly gone ahead and deposited three cheques amounting to Rs 200000 in A's account which have bounced as there wasnt sufficient balance in the account.
Now what are the legal remedies available to A in the view that B has deliberately got the cheques bounced to harass A and take him to court.
Kindly suggest the legal remedies available to A.
Thanks for your valuable inputs and precious time.
R.R. KRISHNAA
(Expert) 04 May 2010
Dishonouring of cheques is an offence under 138 of the NI act only if there is any liability.
If there is no liability there is no offence (even if the cheques are dishonoured).
i.e., (NO LIABILITY NO OFFENCE)
In your case A has already discharged the liability by settling the amount to B. Hence there is no subsisting liability of A towards B and hence the dishonour of cheques does not attract the provisions of section 138 of NI act.
The case filed by B is not maintainable.
