Section 138 case for bounced cheque but part payment sent

forget abt rtgs 3 lac, act urgently on 138, rtgs 3 lac nothing to do with 138.. you can say these 3 lac towards interest..,

your 40 lac still stand

Hi

We have received 5 lakhs and we cant say it is against interest for less than 3 months.  Any suggesions please?  

Also is the cheque validity is 3 months or 6 months?

Dear Shah,

A cheque must be preceded by a legal debt.  In your case, unless u are able to prove that there was an amount of Rs.40 lakhs due to you by the date of cheque, you cannot proceed under section 138 of NI Act. 

The validity of cheque, D.D. etc. is reduced from 6 to 3 months with effect from 1-4-2012

you said that ch are already bounced? now u are asking for valitdity of 3 month or 6 month? otherwise also,, yoiu have multiple cheques, you can use 138 for 35 lac value ch.. instead of 40 lac

@ Rahul Sorry  but I am holding a single cheque of  rs 40 lakhs against which I've received 5 Lakhs by RTGS.  this cheque will go past 90 days after 3 days.

Since the bounced cheque is concerned and cause of action arose from the date of Bank's Note then you can send a legal notice then file a case u/sec.138 N.I.Act,it does not matter for a part payment.You have alternative relief to file a recovery of money suit in Civil Court.

Dear Sridhar

Thanks for your help but I find this a little funny as one could issue a cheque of 1 crore and after that bounces he can pay 1 Lkah by RTGS and stall criminal proceeding as the debt is not in line with the cheque issued. ( debt 99 Lakhs and Cheque 1 Crore).

Please explain.

but you told in your first post that ch is bounced?

i think you better present this tommorw and if bounced, you sent legal notice within 15 day and in 30 days fron notics day, you file case in court u/s 138,, they hv to take bail, and its criminal case.

Dear Shah,

 "We presented the cheque and it bounced. After that they made a part payment of 5 lakhs only"

I forget to observe this sentence.  You stated that part payment was made after the cheque was dishonoured.

So, 40 lakhs was due to you by the date of dishonour of cheque.  Then, you can certainly proceed u/s 138 of NI Act.  Part payment of 5 lakhs will not come in way of the prosecution.

@Rahul

Sorry. Let me explain again- This is how it happened-

Day 1      Cheque of Rs 40 Lakhs banked   against material supplied

Day 3       The cheque Bounced

Day 60      Rs 5 Lakhs sent by RTGS 

DAY 85        we again presented the cheque and it bounced. 

Today is day 87 and the customer does not seem to pay. Do we have any chance of getting a 138 warrant?

Please help!

you made mistake,,

what you were waiting for from day 3 to day 59?

and when you already bounced again on 85 day,, now u must sent legal notice in no time,, you send in this week only, then within 30 day from legal notice. you file case in court 

since as on the date of filing of complaint, u dont have debt of 40 lakh, therefore, u'l not be succeeded if accused proved that they made paydment of  rs 5 lakh out of 40 lakh.  since u accused have liability of 35 lakh than u cannot file case for 40 lakh.  only option is to file summery suit or take other cheque of 35 lakh.