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Q. Pkv

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Anonymous

posted 1 month ago

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I have paid an advance for a land purchase 3 lacs as net transfer and 5 lacs in cash to a known person 11March 2019 .Unfortunatly I understand that the person doesn't have valid legal documents execute the registration.I asked him to enter in an agreement and request him tonshow the original documents.Nighter he entered in any agrement nor he produce any document.He has taken me to the site and orally committed within 3 months he will execute the registration. I have inquired about the land with domostic help as well as with Tahsildar office then came to know that the property shown to me is belongs to a Trust.Already there are so many dispute over the tittle. I have informed this to the land agent who took advance without any agreement.He tried to comvince me but i refused to accept his sidebof explanation regarding the land. He has issued 2 post dated cheques dated 06/06/2019 and 01/07/2019. The 6th dated cheque i have presented in the banl for clearing and got information from my bank with a note that the cheque has stopped by the issuer.I have send him whatapp massages to him and he did not respond to my massages. He did not even informed me about stop paymenton an issued cheque.He had informed through someone that he will pay back the money by end of june but he did not responding now. The 2 nd cheque for 5 lacs still with me and i am sure he might have given a stop payment for this cheque also. What legal steps i can take and what os the legal remedy to secure my money from him. Later I came to know that this is his practice already he cought by Chennai Crime CCB for similer case and the case is now in court. Kindly advice me. Regards K.v.Pradeepan
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A. Send him a legal notice and thereafter file a 138 NI Act.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. Dear Sir,
Just file a cheque bounce cases against him.

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A. Dear client, you need send him legal notice through Advocate demanding him cheque amount. Keep in mind that you need to send legal notice within 30 days from the Dishonored of cheque. Also simultaneously you can file recovery suit against him for the recovery of aforesaid amount. If fails to repay your cheque amount within 15 days from the service of notice , then you can file criminal complaint against him under provisions of Negotiable instrument Act,

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Anonymous

Replied 1 month ago

Dear sir
Thank you for the advice,sir if he give a stop of payment on an issued cheque is covered under negociable instrument act?
Many says that if the cheque is bounced only insufficient fund will.come under this act..
He has taken this 3 lacs as an advance for a land .No written agreement only orally committed .

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