LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shaher yar   29 December 2024

Cheque bounce

Greetings.  My client entered into an agreement to sell and agreed to buy land from A . Agreement to sell was notarized and not registered.  My client paid 10 lakh as advance and had to pay 8 lakh at time of registration. A did not come forward to execute sale deed.  Finally settlement was done and A gave 5 cheques of 2 lakhs to my client.  Cheques bounced. 

Can case under Sec 138 lie as agreement to sell was not registered?? Will it be a legally enforceable debt as required under Negotiable Instruments Act? 

Please Guide 



 9 Replies

T. Kalaiselvan, Advocate (Advocate)     29 December 2024

If he had given the cheques for repayment of the advance amount then it becomes legally liable debt. Hence, the cheque bounce case is very much maintainable.

Real Soul.... (LEGAL)     30 December 2024

Certainaly yes, you have proof of transaction and you have the instruments, if he fails to pay just file caomplaint under 138 NIA along with recovery suit for recovery of amount

Dr. J C Vashista (Advocate )     30 December 2024

The notarised agreement to sell is a valid document to enforce it against the drawer of dishonoured cheques and complaint u/s 138 of NI Act is maintainable.

vasantharao venkatarao (Independent professional )     30 December 2024

From the facts stated by you, it is presumed that possession of the property was not handed over.

If the possession of immovable property is not handed over under an agreement to sell, the question of registration  does not arise. In any case in an offence relating to a bouncing of a cheque , the ingredients of section 138 are to be fulfilled.

If those ingredients are satisfied, the non registration of the agreement to sell will not be of any hindrance to the filing of a complaint under S.138 after due fulfilment of the provisions of the NI Act.

Dr. J C Vashista (Advocate )     30 December 2024

Possession of a property is handed over (generally) at the time of execution of title documents and not (normally never) with "agreement to sell"

P. Venu (Advocate)     30 December 2024

Yes, you can initiate steps as provided under Section 138 of the NI Act.

vasantharao venkatarao (Independent professional )     30 December 2024

Agree with the views of Dr. J.C Vashista. However in cases where agreement for development/construction is entered into, possession is handed over which requires registration. That may not be the case here as it looks like an agreement to sell simpliciter S.138 is maintainable. 

Sudhir Kumar, Advocate (Advocate)     09 March 2025

you can initiate steps under sectipn 138 NI Act/ unless cheque boucing is not time barred.

P. Venu (Advocate)     10 March 2025

Originally posted by : vasantharao venkatarao
Agree with the views of Dr. J.C Vashista. However in cases where agreement for development/construction is entered into, possession is handed over which requires registration. That may not be the case here as it looks like an agreement to sell simpliciter S.138 is maintainable. 

To my knowledge, the provisions of Registrations applies to civil actions, not criminal matters.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading