Check bounce case

Sudam though you don't have any receipt for payment of stamp duty & REGISTRATION fee u can have document number and place of registration.

Based on that u can get the certified copy of registrered document where u get the details of payment agreed and received as given by builder which shows that u ahd paid all fee and cheque show by builder were false.

If u share the notice given by builder then we may guide you in details abourt the defence that u can take.

Will u appreciate this answer by giving like on mhy LIC profile?

Contest it.  He might have accounted your receipt in his books.  Through court insist for inspection of his account books, registers and verifying your bank account, arrive approximate date of such payment to him and book a criminal complaint against him for misusing the cheque.  First he must have produced it immediately after his payment of stamp duties on line, he must have issued registered notice, etc.  Contact a capable advocate and teach the unscrupulous builder a lesson, that fraudsters can not play games in legal field.

You can use all advice given by the learned advocates above. Did you make all the payments from the same cheque book and/or the same bank account. You must be having serial numbers of all the cheques cleared by the Builder. The serial number of the bounced cheque also would be among the serial numbers or closely following the other serial numbers. You must be having a good bank balance  during those days and there would have been no need to give a post-dated cheque. When he had cleared the other cheques, why should he wait for 2 years to date this cheque and try to clear it? You can also allege malafide on the part of the builder as you have filed a consumer case against him. If one critically examines the lawyer notice I am sure it will contain discrepencies and anachronisms, which a meticulous person can catch on.  Bounced cheque cases take years.

What is the status of your consumer case? Do not give it up.  

You should contest it. You have been properly guided.

Regards,
Rit Arora
Advocate

What is the present stage of the alleged bounced cheque? Has he just served you the Notice or has approached the jurisdictional Magistrate. If it is that you have received the initial Notice, please reply bringing out all the facts.

Hello Sir Thanks for valuable reply.
Updated Detal as below, 
I purchased Flat in April 2014, Stamp Duety & Reg. Amount paid in Cash only and paid all Agreement amount by Check (Check No like - 7031, 7032, 7034) and Home Loan.  
Misused Check No is 7033 with amount Rs 3,00,000. Before and After Check No's i used for my personal transaction like - Home Loan Security, Water Purifier and so on.
Agreement: As per Agreement Stamp Duety & Reg. Amount has to pay by Cash/DD, I paid in Cash and Builder has clearly agreed in Sale Agreement that he received it.
 
In Dec 2015, Initiated Consumber Case Filing Activity against builder Before our Notice he demanded Stamp Duety and Reg. Fee by email with attached letter copy.
After filing Consumber Case in Jan 2016, 
Builder Misused check which i have given at initial stage which he has not used that time and i have paid remaining amount by Check 7034. 
Now he filed 138 case and saying it is against Stamp Duety & Reg. Amount.  
Current Case Stage - Received Summons from Court.
 
Current Case Stage - Received Summons from Court.
Could you please suggest - 
How i can defend it? 

Builder has accepted/mentioned that Stamp Duety & Reg. Amount is received. Can i use it as proof of Cash Amount or I needs to show from where that amount came to me?
Is it possible and needs to prove paid in Cash around 2 Year back only when not having any Cash Receipt.? 
Shall i Defend it or not? 
What will be the possiblity of Case Result? 
Or shall i pay the amount and close the matter? 
What will happen if I will and What will happen if I will not win the case. 
Please suggest as early as possible.

No suggestion is possible unless the facts set out in the complaint are known.

You have plenty of time to defend yourself in the cheque bounce case. Even in genuine cases it takes years and at any stage you can compound the case. At  the summons you will be asked to get bail. You can get bail with surety of a small amount. After that you can give your defence and the case will go on and on. In the meantime do not give up the consumer case. The statement of the builder that he has received the amount in cash is enough. It is very very unlikely that you will be asked to show the source of income. Even if they ask,  that will be a different case belonging to the Income Tax department and not relevant to the cheque bounce case.

Hello Sir Thanks for your valuable feedback,

I am planning to file case against builder under 420, but i am not sure how many types of section i can file against builder. 

My Advocate ask me to give the poiints which you want to file and now  am in confusion what are the point i can give. Please help.

Base on above things What are the Section & Points i needs to mentioned in case. 

Which are the Investigation i can ask Court or Police to do against builder which will help me in 138 and Consumer Case

Thanks in Advance for your feedback. Please reply as early as possible

What is the status of your 138 case? Is the first hearing over and have you been given bail? If so at the next hearing your lawyer should cross-examine the complainant. Give all the facts you have stated here to your lawyer. If your lawyer is good he can make the builder spill the beans by clever questioning. The builder cannot go back on the statements he makes in the court.

Sir, We can provide you all the relevant information but I will seriously advice you to hire the services of a counsel since you have now decided to move forward with the case. It is good to obtain guidance but let the professional do his work. 

Regards

Sir, In First Hearing My Lawyer requested bail on Personal Bond but court was not ready for it. I got second date at this time my lawyer will give Supreme Court Judgment for Personal Bond bail. If court is not ready then next time will go for Bail base on Guarantor.

In between to avoid delay in filing 420 with other section. Needs your guidance.

Thanks in advance.

If the magistrate does not give you bail even with the Supreme Court judgment, you can go on appeal to higher court also. But that will be costly for you. The amount of the cheque was only Rs.300000/-. You can get bail even on a small cash deposit. I suspect that the Complainant is opposing your bail.

What was the date of 7033, was it before or after 7034? Had you entered date yourself on all the cheques including 7033? Was date-wise the alleged amount of 7033 payable after 7034? Were all the cheques issued to the same party only? How was it that there was enough amount in your account for 7034 and not under 7033? Answer to all these questions are also important for both the cases under Section: 138 NIA and under Section: 420 IPC. There are many sections consecutively before and after Section 420 in IPC. One should examine all of them to determine their applicability or otherwise.

Able cross-examination of the builder under 138 as well as IPC is very important. You must meticulously examine all the documents prepared by your lawyer at the draft stage itself for facts as well as arguments.    

Thanks sir,

What we can do if complainant opposed bail?

Date on cheques 7031 - is Mar 2014 (Encashed by same party Not sure about date)

Date on cheques 7032 - is April 2014 (Encashed by same party Not sure about date)

Date on cheques 7033 - is March 2016 (used for 138 date added by builder)

Date on cheques 7034 - is April 2014 (Used for RTGS (all pending amount paid which is more than 7033 cheque amount))

after this at least 5/6 cheques like sr. no 7035/6/7/8... are used and encashed  to different purpose