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Yashwant ray   07 August 2024

Check bounce 122 statement

On December 2021, I saw a land to buy and after that the person who was selling the property but he was not the owner, he was a property broker who had an agreement with the owner that he would sell the land. After knowing this, my mother paid Rs. 50000 to that person in cash on the same day Then on his request, within a few days in January 2022 my mother gave 4 lakhs in his account through RTGS, then on his request in September, I received money from my mum to my account after that I gave 20,000 more to his son account through UPI. After that, I asked him to get that property registered to me. He kept making excuses and then I did not get that property, then I told him in September 2023 that I do not want that land after lot of excuses he give me cheque on March 2024 for the amount of 470000 with post dated 10 may 2024 in his own handwriting for my mother name that is received my me. I submit that cheque to bank on 10 may 2024 and that cheque is bounced on 14 May 2024 with the return memo saying insufficient balance. After that I send him a legal notice on 6 June which is received by him on 8 June but he didn't reply or repay money to me. After that I contacted him on 7th July till date I didn't file a case he said to me I am communicating with the property owner regarding the repayment of money or give me property to sale out, for that he ask give me one week after one week he tell me he is not well he need more time for 2 days but I didn't believed I thought he is wasting my time maybe if the settlement not happened and what happened if the limitation period to File case is gone so I file a case on 16 July because I don't believe him after that I contact him today 18 July he say to me come tomorrow on the property we will discuss further after that I meet him on 5th August on the property for further discussion now he tell me he will registered the property after 1 month on 5th or 6th September on the other side my my case file goes to the mediation centre for the settlement but on the date of hearing 24 July he does not come again another day for 31 July he does not come to the mediation centre after that my file goes to the competent court for further hearing and the court give me the hearing date of and they ask me to submit your statement on upcoming date according to 122.

 

So now my question is that in the statement I have to mention we already discuss about settlement which is done in 5th August regarding the property registration 

what things I have to mention in the statement and what precaution I have to done regarding the case in the court and what about outside settlement which is done on the 5th August because he tell me he have no money at present but he can register the property .

 

 

 

 



Learning

 4 Replies

P. Venu (Advocate)     07 August 2024

" .............................. upcoming date according to 122."! What do you mean by 122?


Yashwant ray   07 August 2024

Sorry there is a typing error that's why 122 is mentioned, the relevant information is that court give me next hearing date and they ask gave your statement on upcoming date

P. Venu (Advocate)     07 August 2024

You can file the proof affidvit and appear as witness. You would be crossed by the advocate of the accused.

T. Kalaiselvan, Advocate (Advocate)     08 August 2024

You do not have to wait for him to come for compromise because you have given him sufficient time to act on it whereas he is continuously cheating or dodging you 

Now you can very well proceed with the trial of the case by filing your side evidence  by a chief afffidavit before court as directed by court without anymore delay.

 


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