Sir, We have supplied Material to one of our Customer of Approx Rs.20 Lakh and in return they have given us Cheques out of which approx Rs.12 lakh Cheques validity has been expired ( More than 3 Months from the date of chq issued ) and approx Rs.8 lakh are of Valid Date ( with in 3 Months from the date of chq issued ) I want to ask that can we File a court case for our total Balance of Rs.20 Lakh or we can file a case against Rs.8 Lakh Chq. only.
1 Answer from Attorneys
Dear Sir / Madam,
You will have to ensure that the cheques for Rs. 8 lakhs are deposited into your Bank on the due date to check whether they are returned back uncleared and file a recovery case under Section 138 of the Negotiable Instruments Act. As regards the cheques for Rs. 12 lakhs, you will have to get fresh value date cheques from the customer and deposit them on the new validity dates. In the present scenario, you can file a court case for Rs. 8 lakhs only.
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