Hi all,
I had entered into a sale agreement some time in June 2016, to buy a property from a person and had paid him some amount to him, part in cash (earned by selling one of my ancestral plot unfortunately this is unaccounted (wont prefer it calling "black money" hope people here understand)) and part in cheque from my wife's account.
Due to various reasons I could not go ahead with the purchase and requested him to cancel.
He agreed, but due to demonetsation he said he would pay back all in cheque only.
I am a government servant and wanted to avoid unnecessary issues so asked him to issue a cheque favoring my sister's daughter. (Yes the biggest mistake).
He took back the agreement papers and I do not have proof that we had entered into agreement except that I had paid him some amount in cheque from my wife's account.
Now the cheque has bounced.
1. Can I file a criminal case against him? Or is it only my sister's daughter could do that?
2. Should I/neice visit police station to file the complain.
3. I have voice and call recordings of conversations prior to cheque bounce. Can I use these as evidence.
4. My biggest concern is he owes money to me but cheque is in my neice's name, how can I prove that this is a legally enforceable debt or liability.
5. I am aware that he is going out of country in a short while (may be in two weeks). Should I stop him to proceed with this case or can the case go on in his absence also? If I should stop, how can I stop him? Can court ask him to submit passport in the very first appearance?
6. How long might the case run and what would be the harships to my neice (she is a s/w engineer and cant take leave from ofc often) in the process
Thanks in advance.
