How to get my advance money back ?

Querist : Anonymous (Querist) 30 August 2011 This query is : Resolved
I have paid Rupees one lakh towards advance for the purchase of a house site and obtained an agreement with a condition to pay the remaining site cost and register within 3 months from agreement date. EC obtained from the sub registrar office is showing the seller as the owner of the land. But within 2 months I came to know that the land was registered to some another person and it is under litigation in the court.

I have demanded to repay my advance money and take back his agreement. He was going on telling that he would pay back one lakh. But after completion of 3 months agreement period he reluctantly issued a post dated cheque for rupees one lakh. The cheque was submitted to the bank on the due date but it is not honoured due to lack of money (Zero balance in his account). Please advise me what legal steps i can take to collect my money from him. Can i file a cheating case or cheque bounce case with the police. How much time the court will normally take to deliver justice in this regard?

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Dr Anil Kumar Singh (Expert) 30 August 2011
You can exercise both options file a cheating case as well as a complaint under NI Act after serving him a notice as required by law.

Advocate Bhartesh goyal (Expert) 30 August 2011
better you file complaint u/s 138 of N.I.Act but before filing complaint issue a notice dmanding cheque amount within 30 days of dishonour of cheque.

R.Ramachandran (Expert) 31 August 2011
You have to act fast. You have to issue the statutory notice within 30 days from the date of receipt of intimation about the dishonour of cheque. If you do not issue the notice in time, then you cannot file a complaint u/s. 138 Negotiable Instruments Act.
If you ask me as to how many stars are there in the sky, probably I will be able to count and tell you. But as regards the time frame within which the court will decide your matter one will not be able to tell.
If you will leave the amount, if the court case is going to take longer time that is a different matter altogether.