Bouncing of cheque
Querist :
Anonymous
(Querist) 28 November 2009
This query is : Resolved
If an complainant has every documents as proof to prove in the court that the accused has taken money from him ( paid by cheque to him ) for buying plot but now he is cheating & neither giving him plot nor returning money. 1.IS THE BUILDER HAVE MANY EXCUSES TO SHOW IN THE COURT AS INNOCENT & NOT A CHEATER .CAN HE STRECHES THE CASE LONG UN-NECCESSARY ? WHAT WILL HE SAY IN THE COURT THAT WHY HAS HE GIVEN CHEQUE TO COMPLAINANT & FOR WHAT DEALING ?
IN CASE, AT THE END HE LOOSE THE CASE HOW MUCH MONEY HE WILL PAY TO COMPLAINANT.
PRINCIPAL AMOUNT OR
PRINCIPAL AMOUNT + INTEREST + EXPENSES MADE BY COMPLAINANT ( LAWYER`S FEE ) PLUS ANY OTHER MISS. EXPENSES.
GENERALLY, PEOPLE SAY THAT THEY ARE VERY CLEVER & ALWAYS TRY TO STRETCH THE CASE & NEVER REFUND MONEY . IS IT TRUE ?
Arvind Singh Chauhan
(Expert) 29 November 2009
If you have filed criminal case under 138 NI Act. The court can't recover the amount of cheque, But court can compensate the complainant along with penalizing the accused. Rest what you have asked, depends on the facts and proofs in the case which will decide the fate of case.
Silabhadra Sastry Advocate
(Expert) 29 November 2009
If you have filed a case u/s 138 NI Act with sufficient proof in your favour, and the case has been filed in accordance with law,then as per the provisions of NI Act,the court can impose fine upto Double the Amount of Cheque and Conviction of the accused upto 2years.You can pray the court to pay you the fine amount as matter of compensation and no court fees has to be paid on it.But no interest can be charged under N.I. Act.If you file a money recovery suit for your money paid to builder,then you have to affix court fees on the suit value and case will b decreed with cost of your litigation and interest along with your pricipal.Silabhadra Sastry,Advocate,Bhubaneswar,Odisha, at shastry.adv@gmail.com
Raj Kumar Makkad
(Expert) 29 November 2009
Suit for the recovery of the amount of the cheque can also be filed simultaneously to the criminal complaint under section 138 NI Act. It is not necessary that court may grant you the amount of cheque in the criminal case decision but recovery is your right.
Mukul Aggarwal
(Expert) 30 November 2009
You can file the case U/s 138 Negotiable Instrument Act and suit for recovery against the Builder. Court can compensate you the money u/s 357 Cr. P. C. in 138 NI Act etc.
You can also recover your principal amount, interest, litigation cost etc. in civil recovery case U/O 37 CPC.
Further it is upto your lawyer to convince your court to dispose your case at the earliest.
