Dishonour of cheque
Mahesh Chand Gupta
(Querist) 06 October 2012
This query is : Resolved
Mr. X, Y and Z were maintaining Joint Savings Bank Account. Mr. X lends a sum of Rs. 1,00,000/- to Mr. A who issued a cheque for returning the amount. On dishonour of cheque, Mr. A argued that he has given money to Mr. Y as Mr. X, Y and Z were maintaining Joint accounts. Is it legally acceptable.
ajay sethi
(Expert) 06 October 2012
the cheque must have mentioned that it has been issued to X . must be in his name . so case made out A fizzles out
Advocate Bhartesh goyal
(Expert) 07 October 2012
A's arguments has no substance.He should have been issued cheqe in name of X.
Guest
(Expert) 07 October 2012
Having a joint account with some one has no relevance and logic for the debter to repay the amount to the other person, simply because he is a joint account holder with the creditor.
A's liability to repay debt to Mr. X cannot be extinguished if he makes payment to Mr. Y. If he has paid the amount to Mr. Y, he can claim the amount back from Y until both X & Y agree to settle mutually and discharge Mr. A from the liability.
V R SHROFF
(Expert) 07 October 2012
A is liable.
Otherwise he must prove, he gave chq on Y name under instruction of X, as they mtn jt a/c . and for repayment purpose all xyz are one and the same person as Jt a/c holder.
If no liability towards Y, he can ask for refund, and pay it to X
