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I applied for a refund from a real estate company as their creditibilty was under suspicions. They issued me two Cheque of future date and both of them bounced due to insufficient funds. Now they are not giving me any further cheques and signed a declaration form stating they will refund same amount in NEFT. That commitment also failed. Now both the cheques have been over 4 months. How to get my money refunded.

A. Dear Sir
If the cheques are within limitation period then file cheque bounce cases after issuing legal notices or file a civil suit for which you have three years time from the date of bounce.
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Suneel  Moudgil
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Rajendra Kushwah

Posted 4 months ago

Sir ! Main Indian coast guard ka employee hun. Maine apne neighbour ko Feb 18 me 60000 rs diye they. Usne mujhe yah kha tha ki property bechoonga to de doonga. 1 saal tak wo mujhe taaltaa rha. But Feb 19 m Maine usse security k liye check le liya h . May 19 ka. Use Maine kai baar call karke remind kiya. Ki Paise daal de . Pr bo manta hi nahi. Sir Abhi m transfer Mangalore m hoon . Kya karoon ?. Kya m ynha case file kar sakta hoon.

A. Dear Sir,
You may bounce the cheque and file a case.
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Shubham Garg

Posted 4 months ago

Sir, I have recieved two cheque dated 17/3/19 and 24/3/19 against two gst invoices, Now first cheque has been bounced twice once on 17th march and then 3rd april, I haven't filed any case as coustmer is saying he will pay me soon, but now as cheque expiry date is coming near , I am planning to present both cheque again, can I give him notice now, will date will be an issue?

A. Dear Sir,
Cheque bounce FAQs Negotiable Instruments Act
1A. Amended Cheque Bounce Provisions- 143A & 148…what is it?
Ans: Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation - 20% - Without depositing this amount the accused cannot defend the case.
Section 148 – It empowers the Appellate Court to order payment pending the appeal against conviction
The Appellate Court may order the appellant to deposit an amount which shall be a minimum of 20% o ...ReadMore
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Anonymous

Posted 4 months ago

The case has been filed by the chairperson of an institute, whereas the cheques are in the name of the institute. 1) The case title is The chairperson v/s me, not the institute v/s me. 2) there is no Society Resolution enclosed, authorizing the chairperson to file such a case. 3) There is no Society Resolution stating the complainant to be the Chairperson of the said institute. 4) While verifying the complaint, the chairperson has shown 'no full knowledge of the said cheques'. Kindly guide n help.

A. Quash the FIR u/s 482 on technical grounds as you have mentioned.
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Anonymous

Posted 4 months ago

I was working with a real estate agent. My employer gave me my salary cheque after I left the job. But cheque bounced. And now employer is refusing to give money. Nd making excuses like I am not in town. I want to file case against cheque bounce of section 138. I need the lawyer consultation.

A. Please consult me through Vidhikarya and I shall help you with your matter.
you can go ahead and file a NI 138 against him. You have all the rights.
Thanks
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hello, I have taken a mortgage loan against a property a few years back from a mandali. I had given a blank cheque at the time of taking the loan. Recently, I have failed to pay the EMIs and they filled the full remaining amount in the cheque and deposited to the bank without any notice and it bounced. Now, they have filed two cases against me. 1 is on the default of the loan and they are going to auction the property and other is under Section 138 in The Negotiable Instruments Act of cheque dishonour. Now my question is, can they file the cases both ways? If I have already given my property documents to them which they can sell and get their money back, what is the point of cheque dishonour case? Is there any chance I can get rid of this cheque dishonour case?

A. Yes they can file both cases.
Yes they can sell of the property [provided they give you notice of the same and also reasonable grace time to repay the debt and get back your property]
The point of the 138 NI Act is to again make you repay the money.
You can git rid by the above case in 2 ways

1. Repay the money
2. Go to high court under section 482 CrPc and file for quashing
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Anonymous

Posted 4 months ago

Sir, I am aaryan.. Some one owes me 10 lks money and he gave me a blank cheque.. But he is now saying that he doesn't have money he needs 6 months time atleast(already gave him 2yrs time).. So what some one suggested me regarding this is to ask for some property which is in his or his wife's name and make it as an agreement stating that this property will be registered to me if the guy doesn't pay me the whole amount within 4 months.. is it possible to put the same in agreement? Is it valid? Will the property can be easily registered from the guys or from his wife's name to mine? Will there be any problems? Also if it can't be done whats the other remedy (regarding presenting the cheque)??.. Pls help

A. Dear Sir,
You can live in your own way as per the recent Supreme Court verdicts.

Please call me and take legal consultancy on my mobile through the administrators of this website
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Munish Kumar Goyal
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Anonymous

Posted 5 months ago

Sir I sold my property to person in wadner dumala in nashik he gave me cheque for 15may 2019 I called him but not giving any response about cheque and not talking properly sir what should I do my daughter is suffering from kidney infection I sold for her treatment sir I work as security guard sir so pls give me proper reply thank you.

A. Dear Sir,
You can live in your own way as per the recent Supreme Court verdicts.

Please call me and take legal consultancy on my mobile through the administrators of this website
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Archana Pande

Posted 5 months ago

Hi I took car loan of Rs.650000 for five years and gave 5 blank cheque as security to bank ..but my business was'nt go well and because of that i couldnt pay my car loan Emi on time ...my Emi amt Rs.16000 so bank took my car within one year from date of purchase...bank already sold off car and recover the money..but meanwhile bank deposited all my blank cheque given at the time of taking loan...two cheque bounce of Rs.16000 each and third cheque of Rs.450000...since i dont have bal in my bank account the cheques got bounce and they file. Cheque bounce case against me...they deposited these cheques in kolkatta purposely...i stay in mumbai now they threating me to come in kolkatta ... Pls advice me what i can do

A. Dear Sir,
You can live in your own way as per the recent Supreme Court verdicts.

Please call me and take legal consultancy on my mobile through the administrators of this website
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Sireesha k

Posted 6 months ago

some known person to my son have taken 3L for doing some work and taken an empty cheque as security later he took 45 thousand more but didnt do the work. so I asked to return my money but he keeps on postponing its been 8 months now and I fed up with his dates. Can I drop the cheque and file a case againt him. I have audio recordings also as a proof and transfered around 20k from my accout remaining are cash transactions.

A. Dear Sir,

Please call me and take legal consultancy on my mobile through the administrators of this website.
Cheque bounce is a criminal offence and covered under negotiable instruments act. Person can get 2 year Punishment and double the amount as fine.

Regards
Munish Goyal Advocate
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