A person had given me a cheque for 20 lakhs on 30/5 which is due to expire on 30/8. In the meanwhile he deposited 10 lakhs in my account.He still has to pay me 10 lakks remaining.He is not responding to my calls or messages.Can I deposit the 20 lakhs cheque or proceed legally
2 Answers from Attorneys
yes you may deposit the cheque as you have a legally recoveable debt within the meaning of chapter 17 of the Negotiable Instruments Act. To know us better, please click on the links below:
Dear Sir / Madam,
Already answered ... repeated again for clarity purposes only.
You have two options :
a) to immediately deposit the cheque of Rs. 20 lakhs into your A/c, wait for it to realize, and then issue a cheque of Rs. 10 lakhs to the opposite party or;
b) return the cheque of Rs. 20 lakhs to the opposite party and since the opposite party has already paid you Rs. 10 lakhs, take a cheque of Rs. 10 lakhs from the opposite party and immediately deposit it into your account and close the matter.
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