Chq. bouncing
Nikunj
(Querist) 19 November 2013
This query is : Resolved
Sir, I have give a chq. of Rs.7.5 lacs to Mr. A for purchase of house but afterwards we find that there is some family problems are there then we said we want to cancel the deal. Then he gave us 7.5 lacs which was return in mar.13 then after he give me promises that he will pay the money at the earliest but till date he has not paid me the money and he was run away from his house also. can you guide me what is legal procedure so that i can get back my money from the cheaters.
Regards Nikunj
malipeddi jaggarao
(Expert) 20 November 2013
You mean to say that he has given you a cheque for the similar amount as refund and the same is bounced March 2013?
If it is so, you have no legal remedy under Sec.138 of NI Act.
You have to a civil suit for recovery of your amount as you have proof of payment and proof of dishonour of cheque given as refund. In the meanwhile file complaint with police.
Nikunj
(Querist) 22 November 2013
Sir, I have give a chq. of Rs.7.5 lacs to Mr. A for purchase of house but afterwards we find that there is some family problems relating to that house then we cancel the deal and demanded our money back, he give us promises and does not paid our money then, he gave us chq. of Rs.7.5 lacs which was rtn. by the bank stating accont was freezed. Now Mr. A does not picking up phones, his office was closed, he is not comes to homes. Chq. was bounced in the month of Mar.2013.
Kindly guide me what is the legal procedure to get my money back.
Thanks. Nikunj Shah
Rajendra K Goyal
(Expert) 22 November 2013
You can file suit for recovery. The cheque was valid for 3 months in the current scene. A notice under section 138 of NI Act was immediately to be served on dishonor of the cheque.
V R SHROFF
(Expert) 22 November 2013
QUERY NOT CLEAR
