8 years, 4 months ago

Part Payment Can’t Defeat Entire Cause Of Action in Cheque-Bouncing Cases: Calcutta HC [Read Judgment]

In a recent judgment, the Calcutta High Court has held that part payment of a legally enforceable debt cannot defeat the entire cause of action in a dishonour of cheque case under Section 138 of the Negotiable Instruments Act.The high court was considering a petition filed by an accused in a cheque case against the concurrent finding and sentence in cheque bouncing case.The allegation against. In a recent judgment, the Calcutta High Court has held that part payment of a legally enforceable debt cannot defeat the entire cause of action in a dishonour of cheque case under Section 138 of the Negotiable Instruments Act. The high court was considering a petition filed by an accused in a cheque case against the concurrent finding and sentence in cheque bouncing case. The high court has considered the question whether part payment of cheque is enough to defeat the entire cause of action, along with other questions.

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