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Q. Whether Cheque can be transferable to other irrelevant person

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kumaresh k

posted 2 months ago

Q.Whether Cheque can be transferable to other irrelevant person
Ramesh issued a cheque in favour of Ravi Rs. 400000/- dated 10th May 2018. Cheque No. 462512. This cheque has been stopped by Ramesh due to anomaly in schedule property.
Later compromise petition where filed by Ravi (plaintiff) and case has been settled in Lok adalath on 20th July 2018.
In compromise petition above cheque has been mentioned without Ramesh consent as follows,
" Rajesh (defendant 1) received Rs. four lakhs by way of cheque No. 462512 from Karthik (defendant 2)".
on 22nd July Ravi presented the cheque in bank. Cheque has been returned without payment citing the reason insufficient fund. But Ramesh has sufficient fund on 22nd July.
Later Ravi issued legal notice to Ramesh under section NIA 138 for cheque bounce. Ramesh replied citing the reason that new cheque will be given as per court order in favour of Rajesh. Otherwise Rajesh need to give the consent witness to receive the new cheque in favour of Ravi.

Ravi without reply has filed CC against Ramesh.
Now question to panel is whether cheque given in name of Ravi for sale agreement can be used in comprise petition for different person Rajesh. Now whether Ramesh is liable to Ravi or Rajesh?

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ASHISH SAMAL

Experience: 8 Year(s)

Responded 2 months ago

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A. ) All depends upon the facts & circumstances of the matter, if it is ok then go for trial or file petition before the Hon'ble High Court to quash the said case

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Shreyash Mohta

Experience: 1 Year(s)

Responded 2 months ago

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A. ) Facts and circumstances play a pivotal role here.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 2 months ago

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A. ) Dear Sir,
It all depends upon the facts and circumstances of the case however since there is no provision for discharge so drawer of the cheque has to face trial unless he goes to High Court and get such criminal case quashed.

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