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Moorthy (proprietor)     12 July 2012

Cheque bounced - act 69a - help

Hi, I am from Chennai, one of my friend running small hotel (in rented place), he asked money for the hotel development, i given rs.6 lakhs, he agreed to give Rs.25000/- for 24 months (the principle divided for 24 months), without interest i given. For the security purpose he did mortgage his hotel in my name, in that mortgage the mentioned term is "the given amount of 6,00,000/- return to me in 24 months (monthly 25000), if he fails to give the installment continuously for 3 months then i may take steps as per ACT 69 A (சொத்துரிமை மாற்றுச் சட்டம் - Property Transfer Act)".  He given only one month installment by the way of DD, after that 4 months he did' t paid, finally after much pressure he given 5.75 lakh cheque, but that cheque bounced, he is not responding now, but he running the hotel.

what is mean by act 69 A (சொத்துரிமை மாற்றுச் சட்டம் - Property Transfer Act)?

Now please suggest what I do? cheque bounce case or Act 69A,

How we get quick remody as he is irritating so much, for example in hotel some other person sitting and saying me that no such a person, we bought the hotel, like that too much irritating, please help me and give better solution to get back that amount and is it possible to get stay to run the hotel?



Learning

 5 Replies

Abhilasha (A Student of Law)     12 July 2012

sens him a legal notice under negotiable instruments act,138

Abhilasha (A Student of Law)     12 July 2012

Send him Legal notice under Sec 138, Negotiable instrument act.

Consult a lawyer.

jatin aggarwal1987 (legal officer)     13 July 2012

brother u have remedies:

1.as i think u have to file case within no time under sec. 138 NIA. by doing this u think u have ur money in saving account he has to pay in any case this bounced cheque amount. condition is that u have to file a 15 days legal notice to him with in 30 days after the bank memo has issed to u and after filling 15 days notice u have file complaint in tribunal/court with in 30 days otherwise ur complaint will be treated time barred. only in certain circumstances after time period complaint is accepted it depend on the facts and circumstances differ-2 case. it is a sami criminal remedy in nature.

2.second u may also file recovery suit it is a civil remedy.

3.sec. 69-A of the TPA 1882 said: sale of the mortgage property in certain cases can be affected by the mortgagee without any intervention on the part of the court for the purpose of recovery of debt of mortgage money. but u have to give a 3 months legal notice to the mortgagor before sale. (u can proceed this remedy as a matter of right)

4.if we will see this is a written contract, u may also file suit for the specific performace of contract. it is civil remedy and will take time.

u have 2 strongest remedies point 1 & 3 but i will prefer point no. 1.

R Trivedi (advocate.dma@gmail.com)     13 July 2012

In this case S.138 may not help you much, because for redressal you have a higher amount security in the form of Hotel property with you.

 

Although you should file the case under S.138 also but along with that act as per 69-A as suggested above. Both these exercises can run together.

jatin aggarwal1987 (legal officer)     13 July 2012

yes u r right  Trivedi sir


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