Post dated Cheque Dishonor
Karunakar
(Querist) 17 November 2009
This query is : Resolved
Dear Sir,
I had a plan to Purchase a Flat,
A flat was selected by me and as a part of initial payment I made some payment to Builder.(There are 4 Active and 4 Sleeping partners in the Venture)
Due to Recession, the Project could not materialize...
We made a payment in OCT2008; since the project (total 110 flats) was not materliaze...we demanded our money back from builder.
Builder agreed to give us money in July.
From then he was keep on postponing the date. we were behind him asking for the post dated cheques..
Builder at last gave a post dated Cheque for 1/4th of the amount we paid.
Cheque given to us in OCT-2009, Dated for Nov 10th.
I have deposited the cheque on 12th Nov.
Cheque got bounced by saying "Insufficient funds".
How should I go legally to get my money back?
Should I use IPC 420 and 138?
Is IPC-420 is Non-bailable ?
Thank you for your valuable time...
Waiting for you answers...
Thank you
adv. rajeev ( rajoo )
(Expert) 17 November 2009
it is very important to issue notice within one month from the date of receipt of bounced
cheque by giving the builder to pay the cheque amount within 15 days from the date of receipt the notice, if he fails to pay the amount within 15 days from the date receipt of your legal notice then file private complaint u/s200 of Cr.P.C. r/w sec 138 of NI Act within one month after the expiry of 15th day.
Post dated cheque bounced also attracts 138 of NI Act.
adv. rajeev ( rajoo )
(Expert) 17 November 2009
U can also file a complaint u/s 420 of IPC but it should be along with 138 of NI Act.
Raj Kumar Makkad
(Expert) 17 November 2009
section 420 IPC is not attracted in your case so I suggest just to confine to section 138 NI Act. This complaint is sufficient to fetch your whole amount.
Sachin Bhatia
(Expert) 17 November 2009
Issue notice within one month from the date of receipt of bounced cheque after that file a complaint u/s 138 of N I Act.
N I Act will provid you a better remedy.
