Q: Discuss the dishonour of cheque under section 72 of Indian Contract Act, 1872 ?

Ans: Section 72 of Indian Contract Act  mentions Liability of person to whom money is paid or things delivered by mistake or under coercion.
A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it.
Illustration under S.72 of the Indian Contract Act (a) A and B jointly owe 100 rupees to C. A alone pays the amount to C, and B, not knowing this fact, pays 100 rupees over again to C. C is bound to repay the amount to B.
Now let us presume that transactions between B to C took place by cheque, then before C could deposit the mistaken cheque of B to Bank, the drawer B renders the stop payment instruction.
Now C, after following statutory requirement, files a complaint under S.138 of NI Act and would like to get the benefit of presumption. 
 The  presumption is further re-enforced as honest B, also admits that he issued the cheque by mistake, but unfortunately he has no means to prove the mistake, as C has come forward with some other cock and bull story of friendly loan.
But rightly if C was asked to prove the liability arising out of his claim, then things will be as per law, fair and just.

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