Legal Question in Criminal Law in India

Cheque is bounced but partial money is paid

Post dated Cheque of 2 Lacs is given. In the meantime RS 25000/- paid by payorder. Now a person is not even bothered to pay balance. If i deposit 2 Lacs cheque & if it bounced. Can i file a case.


Asked on 11/10/08, 12:27 am

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheque is bounced but partial money is paid

You may claim what is payable to you; i.e. deduct the amount of pay order from the cheque amount.

You may ask the person to send you fresh cheques for the balance amount; and if he fails to respond within a reasonable time, you may deposit the cheque and take follow-up action as per law.

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Answered on 11/10/08, 11:58 am
Yanala LaknaReddy Law towers

Re: Cheque is bounced but partial money is paid

If it is bounced, you have to issiue a legal notice before filing the criminal case. Basing on his reply or non reply you can file the criminal case under section 138 NI Act.

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Answered on 11/10/08, 6:17 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Cheque is bounced but partial money is paid

yes, you can file the case and you may mention in the complaint that you have already received rs. 25k.

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Answered on 11/11/08, 12:22 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque is bounced but partial money is paid

Yes you can deposit the cheque and while filing the case state the facts above.

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Answered on 11/12/08, 6:54 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque is bounced but partial money is paid

Yes.

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Answered on 11/10/08, 1:05 am
Nasir Butt Nasir Law Associates

Re: Cheque is bounced but partial money is paid

Yes, of course, cheque can be deposited and upon its bounce, all legal measures involving legal notice, criminal case, and civil suit as well can be initiated.

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Answered on 11/10/08, 1:39 am


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