Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 18 January 2015

Pre decided alternative option in cheque bounce case...

Hi Experts...

In one case two parties agreed on stamp paper...

1. First party take a loan of Rs. 5 lacs from second party for three months.

2. First party tender two things at the time of above agreement to second party, one post dated cheque for same amount and another a sale deed of his property as security.

3. This is further agreed between both parties that in case first party dont pay the amount than second party will opt to call first party to get register his property in the name of second party.

4. On due date cheque bounced, second party instead to call first party for execution of sale deed in his name, opted for cheque bounce proceedings..

Is this option of second party is legal...?

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 January 2015

Second party has to inform to first party for presentation of post dated cheque through a communication in writing. if it is bounced, he has to inform to the first party about the bounced cheque, if the matter is not settled then think about property registration.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 19 January 2015

Cheque bounce case is easier option for the holder .

An expert advocate can come out of the cheque bounce case. very very easily since most of the advocates for complaints fail to use simple options available to them in the procedure and laws to win.

If the advocate for the complainant is well informed which is rare commodity the results can be quick and sure.

But even this site is full of stories of complainants who have lost even simple and sure cases due to shoddy attentions given to the procedures. by their advocates.

T. Kalaiselvan, Advocate (Advocate) 21 January 2015

There is no compulsion on the first party to use only one particular option first, therefore there is nothing wrong if he chooses to opt for cheque bounce case as first option.