CRITICAL MISTAKE! Security Cheque Amount MORE Than Actual Debt? SC Ruling on Part Payments

Made a Part-Payment, and Security Cheque Bounced as it was for the FULL Amount. Are you in this position? ? Can You Be Prosecuted Under Section 138 NI Act? Supreme Court Reveals CRITICAL Insights!

Ever wondered how a part-payment made before a cheque is presented can completely change the outcome of an NI Act case? What if the cheque was initially given as security? This video is a must-watch for anyone dealing with cheque bounce matters!

Advocate Ankush Mahajan of NyayTantra Advocates & Associates dives deep into the landmark Supreme Court judgment in Dashrathbhai Trikambhai Patel vs. Hitesh Mahendrabhai Patel & Anr. (Criminal Appeal No. 1497 of 2022), delivered by Dr. Dhananjaya Y Chandrachud, J. This case clarifies crucial aspects of "legally enforceable debt" when part-payments are involved.

▶️ In this detailed analysis, you will understand:

● Why a cheque must represent a legally enforceable debt on the date of maturity/presentation for an offence under Section 138 NI Act to be made out.
● The HUGE impact of part-payment made before cheque presentation – if the cheque amount is higher than the actual remaining debt, Section 138 may not apply!
● The Supreme Court's stance on considering payments made after the loan was given but before the cheque was issued as valid part-payments.
● The critical importance of endorsing any part-payment on the cheque itself under Section 56 of the NI Act. Presenting an unendorsed cheque for the original full amount when a lesser sum is due can be fatal to the complainant's case.
● How the Trial Court viewed a statutory notice demanding the full cheque amount when a part-payment had already been received.
● Insights into the arguments around whether a cheque was issued for discharge of a liability or as a security.

👉 This video is ESSENTIAL for individuals, business owners, financial professionals, and legal practitioners to understand the nuances of part-payments, security cheques, and their implications on NI Act proceedings.
💬 Have you encountered a situation where part-payment was made, but the cheque was presented for the full amount? What was the outcome? Share your experiences and questions in the comments below – let's discuss this vital judgment!

📌 Additional Resources:
📜 Read Our Website Article: https://nyaytantra.com/understanding-the-crucial-impact-of-part-payment-in-security-cheque-bounce-cases-under-the-ni-act/
🔗 Cheque Bounce Matters | NI Act | 138 Case Playlist: https://www.youtube.com/watch?v=KnHx-3Red_I&list=PLj_9GNRV76Ba0Rvhj709T64cwkCCspSBU&index=1
🔗 Supreme Court & High Court Judgement Playlist: https://www.youtube.com/watch?v=XDLP1Tdp3Y4&list=PLj_9GNRV76BYfSOGB4f3piArLoE9K9XtH&index=2

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Видео CRITICAL MISTAKE! Security Cheque Amount MORE Than Actual Debt? SC Ruling on Part Payments канала NyayTantra