Legal Question in Banking Law in India

I issued a check of 60k to hdfc ltd for the part payment I owe due to some bounced EMI. But that check got bounced. I made a part payment of 14k & 46k to clear that of. Meanwhile. I got notice from bank under sec 138 to which I replied that I made a payment of said amount but now I git summon from court for the same. Plead advise further course of action.


Asked on 11/04/13, 3:07 pm

2 Answers from Attorneys
Vishwa Arya Arya & Co.

If you had clarified, while making part payments, that, the two payments are in lieu of the dishonoured cheque then you need to tell the court about it. give copies of the two letters for the bank to admit or deny such payment in lieu of the dishonoured cheque. If bank so admits, then, the case will be discharged. Or else, you will have to prove that the two payments were in lieu of the dishonoured cheque.

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Answered on 11/04/13, 5:16 pm
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

I agree with mr. arya You may drop in a detailed query at [email protected]

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Answered on 11/06/13, 2:12 am


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