Part payment iagainst bounced cheque

Querist : Anonymous (Querist) 30 November 2009 This query is : Resolved
I sent a notice to a builder through lawyer for bouncing of cheque & warned him to pay my money within 15 days otherwise the case u/s 138 INA will be filed against you & your company. BUT the builder is very clever & he told me that he will pay interest part tomorrow ( Rs. 40000/-) & balance Rs.2.00 lac will be paid next month in JANUARY 10. WHAT SHOULD I DO AT THIS SITUATION ? WHAT ARE LEGAL DIFFICULTIES WHICH WILL COME IN FUTURE IF HE DOES NOY PAY MY PRINCIPAL AMOUNT ?

PLEASE ADVISE ME WHAT SHOULD I DO NOW ?

Follow Query

Report Abuse

n.k.sarin (Expert) 30 November 2009
Mr anonymous, If you have sent notice in time and he does not comply with the notice,you have right to file suit within time limit u/s 138. Part payment or promise to pay cannot discharge the liability of full payment.

Raj Kumar Makkad (Expert) 30 November 2009
file the complaint without caring for his promises. If he pays the undertaken money within the time he says then you can withdraw your case and say this fact to him.

Adinath@Avinash Patil (Expert) 30 November 2009
YOU FILE COMPLAINT U/S 138 AGAINST BUILDER.

adv. rajeev ( rajoo ) (Expert) 01 December 2009
within the limitation period u file a complaint, during the pendency of the complaint builder you can receive the money.
You can do also one thing if he is ready to pay the amount you insist him to give the cheque of a third financial sound person with his consent letter that he has issued the cheque to clear the debt of the builder. So you can utilize it if builder failed to pay the entire amount. Both Builder and third person will be held responsible.

H. S. Thukral (Expert) 01 December 2009
The suggestion of Mr. Vadrali is best in the circumstances. Even you can take a cheque issued by him. Keep in your records the letter of promise he has made. If it is a verbal promise only, insist on a written one. If he does not agree file a complaint immediately as per law.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries