Post dated cheque
Birendra
(Querist) 03 February 2016
This query is : Resolved
I had purchased a property, which was still under construction with a builder, from a person. Midway of the payment period I was asked to sign a MOU which stated that i will have to pay the premium amount of increased area of the flat if and ever there is an increase, even after the flat deal is done in full. I did not agree. But could not back out of the deal as refund of the paid amount was denied. Instead of losing huge amount I signed the MOU. The property was finally paid for and nothing was due to him except that the MOU remained.On the final transfer day he asked me for a undated post dated cheque for the proposed increased area amount. 2 YEARS later I had to close that account due to financial regulatory requirement and on doing so I sent him a mail and he responded. The property was still with the builder. However he submitted the cheque without letting me know, he also entered the date on the cheque EVEN before the area increment was officially declared in the completion certificate by HUDA. On returning of the cheque by bank he sent me a legal notice. I told him the payment would be due once the completion certificate is issued. He has since filed a case against me u/s 138. Now can I also move against him u/s 420 for misusing the privileges of PDC.
Birendra
P. Venu
(Expert) 03 February 2016
You can. However, the success of the action depends on the evidence you can muster.
By the way has he filed the complaint u/S 138 mentioning the same facts as above or pleading other circumstances?
Rajendra K Goyal
(Expert) 03 February 2016
You have handed over blank cheque giving chance to builder.
Consult some senior lawyer and proceed as per advise.
Birendra
(Querist) 03 February 2016
No he has not given the above facts.My only contention is that he has put the cheque to bank before the debt has occurred. Secondly the cheque has been used after almost 2 years. This fact he has acknowledged in the MOU by giving the details of the cheque.
