Against supply of goods vide two bills, party issues one cheque against one bill. That cheque gets returned b'coz of insufficien funds and party makes payment by Pay Order of that particular bill. Bounced cheque returned by the bank remains in our hands.
Further party does not make payment of second bill. Now can we represent the cheque earlier got bounced. If so then if it is again returned then can we file case under 138, considering it to be the cheque against our second bill though the amount of bill and amount of cheque is different.
Can party shed its responsibility by filing reply in the court that the cheque in question was paid by Pay Order thus its void.
Opinion of experts is sought please.
