Cheque presented even after transferring the amount due to party through bank

[Anonymous]

Sir, what happens if the cheque is presented even after transferring the amount due to the party through banking channell. Without returning the cheque the same is presented by applying for condonation of delay of 102 days and getting the registered post returned as ‘not claimed’ by unscrupulous postal people

[Dr. Ashok Dhamija]

One of the main necessary ingredients for a cheque bounce case is that it should have been issued for the discharge, in whole or in part, of any debt or other liability.

In your case, if the amount has already been paid by banking channel, then there would not be any debt or liability. So, you can prove that there was no debt or liability, and that the amount represented by the cheque was already paid through banking channel. In such a scenario, you can get discharged.

However, as a side note, I may point out that at the time of making the payment through banking channels, it would have been advisable to take the cheque back from the party so that he could not claim the payment twice by presenting it in bank even after getting payment directly through banking channels.     

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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.

[Solomon Pandian]

Sir
Thanks for the reply.

Actually I purchased agriculutal lands for doing agriculture with friends. Earlier the amount was for Rs 5,11,461.00 as there were many survey numbers finally I selected a survey number for which I had to pay Rs 5.30 lacs. As I have already paid the cheque, remaining amount I paid as cash.

But the vendor preponed the registration date from 05.11.2015 to 26.10.2015 and demanded cash.
The land was purchased near uthiramerur village. Another friend lived in uthiramerur and I was in chennai and the vendor too was in chennai.

He too paid by cheque dated as 05.11.2015 for 4.85 lacs

He returned his cheque and said mine he will returned as it was in chennai

I paid Rs 1.30 lacs as cash and transferred Rs 4.00 lacs through another cheque

Now he is not returning the cheque and has filed a case against me under NI 138

The case will be coming shortly for enquiry

Please guide me

Solomon

[Author]

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