Hi,
I have bought a house and fell short of one lakh while registration of the house, so I wanted to cancel the agreement and intimated the same to builder. But the builder, promised that he will arrange for top up loan 100% sure and said that the balance 1 lakh can be paid after i get the top up loan and he took a undated cheque of 1 lakh rupees from me as security in the month of August 2011. In June 2012, the builder presented the cheque to the bank without any intimation and cheque bounced as there were no funds.
In Dec 2011, builder intimated that he cannot arrange for a top up loan due to the rules have changed in banks recently, and asked me to pay the one lakh amount within 15 days. I mailed him that as I was not prepared with the amount because i went ahead with registration only on his promise that he will arrange for a top up loan. I also mailed him that I will pay for sure before May 31, 2013.
Builder couldn't wait for the above proposed date by me and present cheque to bank on 24/06/2012(date was put by builder himself) without any intimation to me. As the cheque got bounced he filed 138 NI case saying that I have issued a postdated cheque for 24/06/2012 where as false, i didn't write any date at the time I issued the cheque.
Please suggest how should I prove to the court that I issued a undated cheque and how can I proceed further with defense.
