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.
6 Answers from Attorneys
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.
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.
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.
Re: Cheque is bounced but partial money is paid
Yes you can deposit the cheque and while filing the case state the facts above.
Re: Cheque is bounced but partial money is paid
Yes.
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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