I had issued a post-dated cheque of Rs. 3,50,000/- to a person. Meanwhile he had come to me asking for some small amount and suggested I could make the payment in parts. So I issued a cheque for Rs. 50,000/- and he encashed it. He did not bring the original cheque, as I would have to issue him a new cheque for Rs. 3,00,000/-. He said he will send it through his friend as he is got out of station. After two months he deposited the original cheque and it was returned unpaid. He issued a notice through his advocate asking me to pay Rs. 3,50,000/- which is the amount written on the cheque. I replied asking him to return the cheque alongwith the property documents he was holding and take back a new cheque for Rs. 3,00,000/- ( it was a property sale transaction for which he gave token advance and after some time declined to go ahead with the purchase and asked for a refund of the money). He did not reply but he went ahead and filed a case under Sec 138 of the NI Act. During cross-examination he denied receiving Rs. 50,000/- but I presented evidence of Bank Manager who testified that the amount was drawn by that person, along-with providing an attested copy of bank account statement that the amount was drawn by,that person and we also presented the cheque copy as well as evidence Please advise me. Thank you much.
