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Namit Mehta   15 December 2023

4 cheques of 11 lacs were bounced. i was charged with section 138

So I bought Mustard seed from some supplier and I gave him 4  undated cheques worth 11 lacs each as a security assuming he would supply me continuesly . Mustard seed was bought in GST and the GST value of Mustard seed is 33.50 lacs. I made payments of 3.70 lacs via bank transfer before the date on  cheque and 28 lacs in cash for which I have cash vouchers and 2 lacs after date on cheque but before cheque bouncing and he did not endorse any cheque for part payment . 

Is it possible to club all 4 cheques and show legally enforceable debt was less than 44 lacs? Is it is possible that the court disallow cash transaction although in agri trade cash payments are allowed as we have to.mainky deal with farmers. 

Since there was part payment after date on cheque and before bouncing of cheque . Will that part payment help me with all 4 cheque cases or just one? 

I know part payment done after cheque date but before bouncing if unendorsed does not attract section 138 but what in case of multiple cheques by the same party within the same period. 

Someone kindly give me some guidance . I am in deep trouble  



Learning

 2 Replies

Dr. J C Vashista (Advocate )     16 December 2023

The cheque amount shall be taken into consideration as a whole, however, you may subsequently defend by proving part payment of the cheque amount. 

Whether dishonoured cheque(s) have been issued as security or payment of the goods supplied, it does not make any difference. It is legally enforcable debt. You have made yourself liable to be prosecuted and punished under the provisions of Section 138 of the Negotiable Instruments Act, 1881.

Namit Mehta   16 December 2023

Dear Sir, Thank you for your prompt response.  I am just a bit confused if you may kindly elaborate. The cheque amount of 44 lacs will be taken into consideration or 11 lacs ? Do I need to make submissions and request to court for clubbing of cheques or not. 

Thank you for helping me out with your valuable time and advise. 


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