Notice for cheque dishonour for full amount of cheque or for due amount?

Tilak Marg Forum for Legal Questions Forums Criminal Law Notice for cheque dishonour for full amount of cheque or for due amount?

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    • #798
      Anonymous
      Guest

      I have a small querry, please:

      The tenant had been depositing rental as X amount (which is lesser than the awarded amount).
      The Judgement decides rental amount as 4X.

      The defaulter tenant did not care and did not vacate the premises

      After lapse of time, the Court appoints bailef and issues order for attachment of the assets of the tenant.

      The tenant to avoid attachment of the assets, gives cheque for full amount i.e. equivalent of 4X without deducting the rental already deposited.

      Although the said rental has not yet been claimed from the court.

      On presentation of the cheque, the cheque is bounced for insufficent funds.

      Now the question is, should the notice be served for full cheque amount or minus the money already deposited in the court, please clarify with reference of any judgement.
      thanks

    • #841

      Please see my following article in which the answer to your question is covered broadly:

      Cheque bouncing under S. 138 N.I. Act where cheque amount is more than liability.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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