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Yashwant ray   20 July 2024

Cheque bounce now settlement is happening

On December 2021, I saw a land to buy and after that the person who was selling the property but he was not the owner, he was a property broker who had an agreement with the owner that he would sell the land. After knowing this, my mother paid Rs. 50000 to that person in cash on the same day Then on his request, within a few days in January 2022 my mother gave 4 lakhs in his account through RTGS, then on his request in September, I received money from my mum to my account after that I gave 20,000 more to his son account through UPI. After that, I asked him to get that property registered to me. He kept making excuses and then I did not get that property, then I told him in September 2023 that I do not want that land after lot of excuses he give me cheque on March 2024 for the amount of 470000 with post dated 10 may 2024 in his own handwriting for my mother name that is received my me. I submit that cheque to bank on 10 may 2024 and that cheque is bounced on 14 May 2024 with the return memo saying insufficient balance. After that I send him a legal notice on 6 June which is received by him on 8 June but he didn't reply or repay money to me. After that I contacted him on 7th July till date I didn't file a case he said to me I am communicating with the property owner regarding the repayment of money or give me property to sale out, for that he ask give me one week after one week he tell me he is not well he need more time for 2 days  but I didn't believed I thought he is wasting my time maybe if the settlement not happened and what happened if the limitation period to File case is gone so I file a case on 16 July because I don't believe him after that I contact him today 18 July he say to me come tomorrow on the property we will discuss further now I have two queries 

 

1 - can I tell him I already initiate court case regarding the cheque bounce, because I didn't believed so I have no other option 

 

2-  if he registered the property to me what I can do to withdraw the case or for a precaution is there any other advise which can anyone give to me



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 July 2024

1. You can very well inform him that you have already filed the cheque bounce case,  however you will withdraw the case if he is settling the cheque amount in full.

2. He either can return the amount or execute a registered sale deed in your favor after which you can withdraw the cheque bounce case. 

Dr. J C Vashista (Advocate )     21 July 2024

Whether the accused (drawer of cheque) refunds the money or gets the subject property transferred in your name from the seller, you should proceed to file a compliant under section 138 of the Negotiable Instruments Act, 1881 for dishonour of his cheque.

Besides this, you should file a suit for specific performance and get the property transferred in your name with possession, if you are interested in the property.


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