Cheque Bounce - bought a flat from a builder in partial payment
9 months ago
I bought a flat from a builder in partial payment. And I gave 4 blank checks with signature. Then with covid-19, I couldn't pay in full, I asked to give back my flat or sell it to someone else. He agreed to sell to others and he did. So gave him back my 12 lakhs in my bank which I gave in cash for the flat. After 6 months he deposited my check in bank and filed case 138. the reason. I gave them 12 lacs for my flat using the payment entry of 12 lacs and said that I have taken it from them.
A.Dear client,
Due to the COVID-19 pandemic, you faced financial constraints and couldn't pay the full amount, leading to an agreement with the builder to either return your flat or sell it to someone else. The builder agreed to the latter and sold the flat to another party. As a gesture of good faith, you returned the 12 lakhs you had previously paid in cash for the flat. However, it appears that the builder later deposited one of the blank checks you had given them and filed a case under Section 138 of the Negotiable Instruments Act, claiming that you had taken a loan of 12 lakhs from them.
To address this legal situation, it is crucial to seek immediate assistance from a qualified lawyer experienced in both property law and cases related to Section 138 of the Negotiable Instruments Act. Provide your lawyer with all relevant documents and evidence to support your position that the payment was made towards the purchase of the flat and not as a loan. Your lawyer will guide you through the legal proceedings, help build a strong defense, and protect your rights in court.
The matter involves complexities, and it's essential to have legal representation to navigate the case effectively. Avoid making any further statements or admissions without your lawyer's advice, as this could impact the case. By seeking timely legal counsel and presenting your side of the story with the appropriate evidence, you can work towards resolving the matter in a fair and lawful manner.
Due to the COVID-19 pandemic, you faced financial constraints and couldn't pay the full amount, leading to an agreement with the builder to either return your flat or sell it to someone else. The builder agreed to the latter and sold the flat to another party. As a gesture of good faith, you returned the 12 lakhs you had previously paid in cash for the flat. However, it appears that the builder later deposited one of the blank checks you had given them and filed a case under Section 138 of the Negotiable Instruments Act, claiming that you had taken a loan of 12 lakhs from them.
To address this legal situation, it is crucial to seek immediate assistance from a qualified lawyer experienced in both property law and cases related to Section 138 of the Negotiable Instruments Act. Provide your lawyer with all relevant documents and evidence to support your position that the payment was made towards the purchase of the flat and not as a loan. Your lawyer will guide you through the legal proceedings, help build a strong defense, and protect your rights in court.
The matter involves complexities, and it's essential to have legal representation to navigate the case effectively. Avoid making any further statements or admissions without your lawyer's advice, as this could impact the case. By seeking timely legal counsel and presenting your side of the story with the appropriate evidence, you can work towards resolving the matter in a fair and lawful manner.
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