Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 14 December 2012
Hi,
A and B given a advance of Rs.4.00 Lacs to C by account payee cheques. Someway D (Relative of A &b in close blood relation) got a cheque from C in his name for Rs.1.00 Lac. Cheque bounced , and D claims in his notice that this cheque was as part payment given to him by C which was payable to his close relatives ( A and B). Will he success in 138 case ? ( if no pl give some judgements )
R Trivedi (advocate.dma@gmail.com) 16 December 2012
The crux in such matter is : Can the receiver of cheque lawfully discharge the liability of drawer ? like for in this case can D lawfully discharge C (by one lac) from his (C's) liability towards A&B ?.
This is possible with some kind of agency arrangement or agreement not otherwise, mere stating that close relative etc will not survive.
Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 17 December 2012
Thanks Trivedi ji.
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