Transaction Under Registered Sale Deed
Sameer
(Querist) 07 February 2009
This query is : Resolved
please advice
i have purchased a land from A by paying him half the amount of total consideration with some conditions like measuring the land,removing the encrochement, the land not reserved,etc.but all conditions was not fulfilled by the sellar so i issued him notice to comply the conditions in sale deed and in event of the conditions are not fulflllied i will be restrained to stop the cheque thouh he did not reply my notice and not fulfilled the comditions mentioned in the registered sale deed so i stopped the cheque, my account was having more than amount of cheque. he presented the cheque to the bank my bank sent him the memo with having remark as payment stopped by the drawer, so he sent me notice u/s 138 ni act i promptly replied to it mentining tjhe facts,but he filed with criminal case u/s 138 against me, the more of the above is that he supressed the facts of the sale deed from the magistrate,so he issued the process, here what remedy is available to me i am very much afraid because it the criminal case me.I am ready to pay the said amount as soon as he compleates the what he has agreed in the sale deed.
kindly help me by sending me the recent judjements of the hon courts.
please help me.
deepak kumar
(Expert) 07 February 2009
firstly go in for anticipatory bail and annex the sale deed with it.
thereafter go in for quashing in High Court.
PALNITKAR V.V.
(Expert) 07 February 2009
Instead of going for anticipatory bail, it is better to have regular bail and then go for quashing. Anticipatory bail is quite costly affair.At any rate you have to appear before the Magistrate if summons is issued. Or you directly go for quashing and have interim stay.
K.C.Suresh
(Expert) 08 February 2009
nO RECENT JUDGEMENT IS REQUIRED AS YOUR CASE IS WELL SETTLED. yOU HAVE NO LEGAL DEBT TO THE OTHER PARTY. hE HAS VIOLATED THE CONDITIONS. MEET AN ADVOCATE IN THE HC AND GET THE CRIMINAL PROCEEDING QUASHED BY POINTING THE ACTUAL FACTS. THEN AFTER SUCCEEDING THE CASE FILE A SUIT FOR DAMAGES.
