Dishonour of Cheque -- Part Payment Received Before Presentation -- Cheque cannot be enforced for the full original amount
Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Part Payment Received Before Presentation -- Cheque cannot be enforced for the full original amount -- A cheque must represent a legally enforceable debt as on the date of its maturity or presentation. Where the drawer pays a part of the sum between the drawing of the cheque and its presentation for encashment, the legally enforceable debt on the date of presentation stands reduced, and the cheque cannot be validly presented for the whole original amount. Absence of endorsement of such part payment does not revive liability for the full sum.
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