Cheque bounce
raza
(Querist) 14 May 2012
This query is : Resolved
a guy gave me a cheque of 5 lakhs but it got bounced now its been 19days from the day of bouncing but the guy is askng me to give more time..i sold a property and the guy who gave me a cheque is a intermediator btwn me and the purchaser so i want to know wat actions should i take to get my money back..is it possible to take stay order to my sold property?
Deepak Nair
(Expert) 14 May 2012
How the said man is liable to pay you? To take any action, you should prove the liability of the said person.
A V Vishal
(Expert) 15 May 2012
Insufficient details
raza
(Querist) 15 May 2012
the said man came to me and agreed to buy ma plot and askd me to gv him a period of time so tat he can arrange money for registration ..but later i came to knw tat the said man was jst a bussiness man whose bussiness was to buy the plot for low rate and put an agreement for 2 to 3 mnths and within tat 3 mnths he use to find a buyer who is interestd to buy tat plot and after tat directly he use to get tat buyr along with him on the day of registration and as per agreement clauses the seller shld register the property to any1 depending upon the agreement holders(the above said man's) wish
raza
(Querist) 15 May 2012
the said man hv witnessed in bth the agreement paper and in the absolute sale deed...wat iam willing to knw is ...is it possible to get a stay order on the above mntioned plot bcz the buyr who hv purchased it is a builder ..he have strted up the cnstruction wrk so i want to stop it down till i dnt get ma whle mney into my hand frm tat intermediator
raza
(Querist) 15 May 2012
is it possible to judge a cheque bounce case against tat said man..if s could u plz tl me the procedure...
A V Vishal
(Expert) 15 May 2012
The clauses in the deed must be perused......however, you have delayed, act fast and contact a local lawyer for future course of action.
V R SHROFF
(Expert) 15 May 2012
IT SEEMS THE 5L Amt is a Part of Consideration Amt of ur Plot sold.
Issue notice u/s 138 ni demanding amt in 15 days and file complaint.
You already registered Sale Deed. Need to go thru Terms & condition, as u must have given possession also; so it become money suit only. So, u r not likely to get STAY ORDER. If that any1 include builder, u suceed.
shankar
(Expert) 15 May 2012
cheque bounce case can be filed against the person who issued in discharge of legally enforceable debt only, in the present case as a middle man he issued the subject cheque is as security purpose, hence you have no right to initiate negotiable instrument provisions to prosecute him
..asr, adv.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 May 2012
Yes you can file complaint after notice since drawer of cheque for others liability is also liable to pay and hence can be prosecuted.
Shonee Kapoor
(Expert) 15 May 2012
Send legal notice.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 15 May 2012
you have been very negligent . how can you part with posession of property worth lakhs without taking full consideration .
inorder to save money on legal fees you have landed in a bigger mess .
what are terms and condions of sale deed? is their a caluse relating to rs 5 lakhs paid to you?
contact a local lawyer immediateldy and do loosen purse strings
raza
(Querist) 15 May 2012
the above said man hv askd me to wait till dis cming friday....he has promised me up to pay me up tat 5 lakhs ransom without miss...wat do u guys suggest..shld i trust him r i shld take a legal action against him....?
raza
(Querist) 15 May 2012
s there is one clause in whch they hv mentioned tat they r givng me a cash of 1o lakhs along with the dd....
Dr J C Vashista
(Expert) 18 May 2012
Legal notice is required to be sent within 30 days of dishonour of cheque giving 15 days time to pay the amount......
