About cheque bounce
sukhdev singh
(Querist) 07 August 2014
This query is : Resolved
sir, i booked a plot by down payment, that is i payed the entire cost of the plot on the same day. In the booking form it was written that possession will be given within two years from the date of booking. Two years passed and i informed the builder to either pay my entire money back or execute a sale deed (registry). The builder chose to pay the money back by cheque. Negotiable Instruments Act says that if a cheque was issued as any obligation which is not legally enforceable, the Negotiable Instruments Act will not come into play. If the cheque bounces in this case will the Negotiable Instruments Act come into play.
ajay sethi
(Expert) 07 August 2014
cheque has been issued in discharge of liability for refund of payment made by you towards plot cost . if cheque bounces builder would be liable under section 138 NI
Devajyoti Barman
(Expert) 07 August 2014
Yes, you can file case of cheque bouncing.
Advocate Bhartesh goyal
(Expert) 07 August 2014
If cheque is not honoured,builder would be liable for the commiting offece of cheque bouncing.
