Money not paid

Querist : Anonymous (Querist) 17 February 2020 This query is : Resolved
I sold a FOOD TRUCK to a person for one lakh twenty thousand in three installments. And we had an agreement the full amount should be complet before 29th november 2019. But till now they paid only 60,000. They vacated from my town. One of the person number is switched off. Not responding to my messages. I am having their bank cheques and their address only. Plz help what i have to do. I approached to local police station also. They adviced to file a cheque bounce case.

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Raj Kumar Makkad (Expert) 17 February 2020
The advice of the police is accurate. You should fill the balance amount in the cheque and should get it deposited in your bank and then further follow action as per NI Act, if cheque get dishonored.

bhagwat patil (Expert) 18 February 2020
Get the check dishonoured and file case u/s 138.

Sudhir Kumar, Advocate (Expert) 18 February 2020
that is the only hope.

Dr J C Vashista (Expert) 19 February 2020
When you have lost track / address of the drawer of cheque, where and how can you serve demand notice for lodging complaint under section 138 of the NI Act ?

Dr J C Vashista (Expert) 19 February 2020
It is advisable to consult and engage a local prudent lawyer to analyse the facts/ documents, professional guidance and necessary proceeding.

Raj Kumar Makkad (Expert) 19 February 2020
Author can use last known address of the accused for sending the notice under the provisions of 138 NI Act.

T. Kalaiselvan, Advocate (Expert) 23 February 2020
If the police is not entertaining a criminal complaint for the cheating activity, you may first get the cheque bounced and then file a cheque bounce case under section 1438 of negotiable instruments act for punitive action as well as for recovery.

Querist : Anonymous (Querist) 04 March 2020
i am very thankful to your replies, and day before yesterday i produced the cheque in bank and it was bounced. But the signature is not matched, due to this thing only cheque was bounced and also there is no funds in this account. So please advice me what i have to do now.

Raj Kumar Makkad (Expert) 04 March 2020
Now you should issue the notice and should follow the process of 138 NI Act as already suggested to you. Engage a counsel for that purpose.

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