Legal Question in Banking Law in India

Sir, A person issued me two cheques each of 12000/- which was dishonoured due to sign mismatch. Actually he promised me to pay Rs 72000/- by cheque of Rs 12000/- per month. Now after issuing two cheques, he is not giving money nor giving another cheque. Earlier issued two cheques have mismatched sign. So, how can I recover full amount of Rs 72000/- from him, plz giv me legal advise.


Asked on 2/18/17, 2:23 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

19.02.2017

Dear Madam / Sir,

Since you have not mentioned the nature of contractual transaction between the two of you, it appears from your query that you either have sold a product on installment basis to the other person, or you have leased a premise or office or shop to the person or you are providing or rendering some service(s), for which the other party has given you the cheques. If you have fulfilled your contractual obligation, you are legally entitled for payment. So if you have sold the product or rendered services for say two months, and there is a signature mismatch, you should represent the cheques for clearing with the two cheques being signed again by the payer. If you have been charged cheque dishonour charges by your Bank, you should claim those charges from the giver of the cheque(s). In case you have sold a product on monthly installment. You should either collect 10 (ten) Post Dated Cheque PDC's from the buyer else inform the buyer to return back the product and honour his commitment to you. In case if you are rendering a contractual service, you can straight away discontinue rendering the monthly service unless the buyer makes advance payment to you each month..

Regards,

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Answered on 2/18/17, 12:15 pm


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