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Debjani (unemployed)     02 September 2017

Car sold but money not received

In the month of Jan-17 I sold my car to a person in kolkata. price was decided 2.8 Lac. he paid 50K and given cheque of 2.3 Lac. he told he need to take bank loan so he requested to diposit the cheque after one month. but since then he has not paid the amount. after repeted followup he paid 1 Lac through NEFT. Now what are the chances that I can recover the balance amount? if I file a recovery notice under NI act, will it work, since he paid some part amount ? cheque dont have any date. please suggest.



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 6 Replies

Advocate Bhartesh goyal (advocate)     02 September 2017

File recovery suit against him also lodge FIR u/s 420 of IPC.

Arvind Singh Chauhan (advocate)     02 September 2017

Don't fill the date on cheque in your writing. Get it filled by some one else.

Give oral warning to him that you will produce the cheque in bank which may create problem for him.

Debjani (unemployed)     02 September 2017

I already informed him, he is telling, do what ever you want.

Debjani (unemployed)     02 September 2017

transfer and registration completed in January month itself. insurance also transfered in his name. he has taken Car loan also from bank.

Debjani (unemployed)     02 September 2017

but sir, problem is, I am now in delhi, whether i can deposite the cheque in delhi and file case in delhi or I have to go to kolkata for legal action?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 September 2017

Are there any documents in which the cost of the car has been recorded?  If so you can present the cheque at Delhi and proceed, if the cheque bounces, under Section 138.


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