675+ Lawyers are online 
Cheque bounced without endorsement for partial payment
11-Jul-2023 (In Cheque Bounce Law)
I have given cash loan of Rs 3 lac to someone subsequently made a promissory note and taken cheque as well...he has given Rs 15000 in my account…..but his cheque was for Rs 3lac only which has refused to give another as well as refused to do the endorsement on cheque as well.. when he didn’t pay the rest amount then I got his cheque bounced....as per supreme court 10 oct 2022 judgement if endorsement is not done for the partial amount paid by the accused then case not be eligible for 138 NI act
Well, you are correct on the part where you have not made the endorsement on the cheque to present it for his legally enforceable liability to pay off your loan. Clearly the case is not maintainable, except if you have not filed your case yet, you may file it for the amount after deducting that 15,000 amount and file the petition thereafter. The petition has to be drafted in such a way that it bears the details and grounds for it to be entertained. You may consult me in that regard.
Helpful?
Adv. Puneet Srivastava
Delhi | 400+ Answers
Chat
The case is 100% maintainable u/s 138 NI act, the only difference is that you need to demand the balance amount in the legal notice n your complaint. It is highly recommend to hire expert advocate instead of wasting time on internet.
B in touch
B in touch
Helpful?
Adv. D. Khan
Delhi | 500+ Answers
Chat
Okay i understand your point as per the promissory note he did not fulfilled their part legal enforceable liability so there is chance to file a 138 NI act case against him before court and have to follow entire procedure of 138.
Helpful?
Adv. Himanshu Jain
Delhi | 100+ Answers
Chat
I've understood your concern and I've an experience of dealing such kind of matters therefore, be assured that I shall assist you throughout the process in obtaining appropriate remedy for you.
Please reach out to me so that we can expeditiously start the process.
Regards,
Alankrit Bhatnagar
(Advocate)
Please reach out to me so that we can expeditiously start the process.
Regards,
Alankrit Bhatnagar
(Advocate)
Helpful?
Adv. Alankrit BhatnagarÂ
Delhi | 100+ Answers
Chat
Greetings of the Day. You are well within your right to initiate the Criminal proceedings under section 138 of the negotiable instruments Act. Since the cheque has already been dishonoured you may promptly engage alawyer and get a notice issued
Helpful?
Adv. Anubhav Kathuria
Delhi | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Cheque Bounce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
