Amount debetted by bank of honoured cheque

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This topic contains 4 replies, has 2 voices, and was last updated by  sandip jadhav 1 year, 10 months ago.

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  • #1033

    Sir we are government officials. We gave cheques to our contractor for his work done. After issue of cheque we got written order from our higher officers that said contractor is blacklisted. He breaks the rules of agreement. So we got order not to pay him. Immediately we informed our bank for stop payment. On same day cheque is presented in Bank and amount creditded in his account. We are government account so bank revoked the cheque and amount recreded in our account. The said contractor filed complaint in state consumer forum against bank and our government office. The contractor obtained government work fraudly. He breaks rules of agreement means he works in more than one district, as government rule is that contractor has to work in only one district. So registration authority cancells his registration and ordered us not to pay him any amount. Unfortunately he present his cheque in same branch where we have our account so cheque is cleared on same day. We gave written application to bank to recredict amount and bank did same….. Sir please guide us

  • #1036

    It may not be possible to give an accurate advice on facts since detailed examination of records is necessary for this purpose. But, from what you have written, it appears that the contractor has already done the work. If there is no defect in work and if the work is satisfactory, then, generally speaking, payment may have to be made to him. If he has violated the rules by doing work in more than one districts, then perhaps, it would have been advisable to not give any work to him in the first instance, since you have mentioned that he is blacklisted. The general principles of law of equity would require that the work done should be paid for. However, it is for the court to take a call and decide the issue on detailed consideration of all facts, including whether the fraud perpetrated by him goes to the root of the issue so as to deny him even the payment for the work done by him. At the same time, even if you have made payment to him, you can separately consider whether it would be possible for you to take some civil action against him for violation of the terms of the agreement.

    You, being in Government, should be in a position to consult some good Government lawyer by showing him full details of the case.     


    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.

  • #1039

    Sir thanks for your reply. We would like to take advice as suggested by you. Please sir can you suggest any lawyer to guide us or if possible can we take appointment of you to discuss the details…. We will grateful of you for your kind consideration in this aspect. Thanks

  • #1042

    Sorry sir we not mentioned where we are residing. We are presently in Mumbai. Is it possible to take appointment in Mumbai? Thanks sir.

  • #1046

    Please sir can you suggest private lawyer available in Mumbai so we will take valuable advice regarding our said matter. Thanks sir for your kindness

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