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Bhalchandra R (DYM)     28 June 2015

Cheque bounced issued as refund of amount

Respected Sirs,

In the year Dec-2012 I had paid to one real estate firm in Pune as an investment in his upcoming project (land). The receipt was paid against that to me. 

In Apr-2015 they had issued me post dated cheques as refund of amount invested in their project since their project is delayed for some reason. They had taken back the above mentioned original receipt from me against these cheques.  However till date, out of these cheques 2 cheques were bounced due to insufficiant fund/refer to drawer. I had intimated them through email about cheque return & asked them to make immdiated payment. Which they made thru RTGS after some days because of my regorous follow-ups. 

Now they had sent a email saying that due to bad market condition not to deposit balance post dated cheques for next 2 months.

Can I deposit balance cheques on the dates of cheques & get the payment?

Can they stop cheque payment?

They also are asking me to send back these returned cheques to them since payment is made thru RTGS.

Please advice.

 

 

 



Learning

 2 Replies

saravanan s (legal advisor)     28 June 2015

do you have any proof to show the liability held by the builder towards you over which he had issued the cheque.if not depositing the cheque is a bad idea for if it gets dishonoured you cant go for 138 nia

if you have proofs then ----the validity of cheque is three months and if the two months they are requesting is within two months from the date mentioned in the post dated cheque just wait and see.otherwise deposit the cheque.

 

Bhalchandra R (DYM)     28 June 2015

I have xerox copies of their receipts issued to us in 2012. Also email communication from both sides with each other. In all these communications their liability is mentioned by them also. Considering all this can I deposit cheques in spite of their request?

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