Bounce cheque not return back
Sanjay
(Querist) 26 January 2012
This query is : Resolved
Dear Sir,
01. I had purchased a car in April 2008, for that form 15, form 28 and 29 was signed.
02. Cheque issued by us was return as insufficient funds.
03. July 2009 the seller had taken back the car (since car was not transferred in my name) but not returned the cheque.
04. He filled a civil case for recovery and stay for resell of car till the court judgement in 2010.
05. We pleaded but lower court passed an order for stay. even after accepting the fact that car is in the name of seller and he has taken back the keys from us.
05. We filled a appeal and appeal was granted.with the remark that car is in the name of seller and in possasation of seller and he also take back the keys of car so reselling is not possible so appeal is accepted.
06. Please suggest how the appeal order will affect the case or its just an order for cancelling the stay.
07. Please also suggest in what court of law the seller made guilty. (since he has taken back the material so deal is cancelled.) Even then he is filing a case for recovery.
Sanjay
V R SHROFF
(Expert) 26 January 2012
Sanjay
Bounce cheque not returned back. As no notice for cheque returned, no 138 ni applicable now. [ I blv last yr??]
Balance is a civil dispute of car sale consideration. , as sub judice, let court decide.
Raj Kumar Makkad
(Expert) 26 January 2012
You shall have to put entire facts in your written statement and after obtaining the evidence from both sides, the court shall provide the reasoned judgment that the plaintiff )seller) has no right to recover the amount of cheque as deal could not be materialize and so far compensation is concerned, it can be given to the plaintiff in case he pleads for that relief.
Advocate. Arunagiri
(Expert) 27 January 2012
If the RC book is not in your name, what is the need of the seller to approach the court to obtain stay?
It seems to be a hypothetical query?
Sanjay
(Querist) 27 January 2012
Dear Sir,
Thanks for your expert comment. In front of lawyer
01. i accept by mistake that my cheque was bounced. But when the seller had taken back the material then my liability end on the same day( My version).
02. What if he did not return my cheque and put a recovery suit on me.
03. It looks like he is Intensely harassing me since he did not return bounced cheque.
04. I attached appeal court order as a proof of my statement.
05. Please suggest what action can I take and at what time.
Sanjay
ajay sethi
(Expert) 27 January 2012
if he filed recovery suit you have to in your defence take the plea that no money is due and paybale as goods have been taken back by the supplier .
prabhakar singh
(Expert) 28 January 2012
yes! Mr. Sethi has rightly guided you.
