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Part payment received on bounced cheque before issue of demand notice
08-Apr-2023 (In Cheque Bounce Law)
Helped a person by transferring Rs. 22000/- from my a/c to his a/c. Received post dated Cheque for the amount, which bounced for Insufficient fund. Subsequently in 2 instances received part payment by cash total Rs 12000/-. I requested him to take back the bounced cheque (Rs 22000/-) and issue a new cheque for Rs. 10,000/- (Balance amount) but he refused to do so. My query is - (1) Demand Notice to be issued for the Cheque amount Rs. 22000/- or for the balance amount of Rs. 10000/- ? (2) If after notice, no payment received, or again part payment received, case under sec 138 NI Act to be filed for Cheque Amt Rs 22000/- or for Rs. 10000/- (or the balance amt) ?
Dear sir/ Madam
Jaisa ki aapne bataya hai ki aapne kisi k account me apne account se paisa transfer kiya tha.
Aur
Us amount k badle me us person ne aapko 22000/- ka cheque diya.
Jo bounce ho gya.
Ab part payment me aapko 10000/- mile.
Kya aapne unhe 10,000/- ki koi received diya hai.
Agar koi receiving nhi diya hai to aap full amount 22,000 ka cheque bounce hone ka case under section 138NI Act me case file kar dijiyega.
Aur koi Receiving diye ho to bhi aap Balance amount k liye under sec.138 NI act me case file kar sakte hai.
Aap mujhe uske kuchh documents mail kar dijiye fir aapko achchhe se reply kar paunga.
Jaisa ki aapne bataya hai ki aapne kisi k account me apne account se paisa transfer kiya tha.
Aur
Us amount k badle me us person ne aapko 22000/- ka cheque diya.
Jo bounce ho gya.
Ab part payment me aapko 10000/- mile.
Kya aapne unhe 10,000/- ki koi received diya hai.
Agar koi receiving nhi diya hai to aap full amount 22,000 ka cheque bounce hone ka case under section 138NI Act me case file kar dijiyega.
Aur koi Receiving diye ho to bhi aap Balance amount k liye under sec.138 NI act me case file kar sakte hai.
Aap mujhe uske kuchh documents mail kar dijiye fir aapko achchhe se reply kar paunga.
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Adv. Omprakash Sahu
Raipur | 25+ Answers
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