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Anonymous

Posted 10 months ago

Description 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 Attachments No files are attached to the Case

A. Send him a legal notice and thereafter file a 138 NI Act.
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Anonymous

Posted 10 months ago

Description 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 Attachments No files are attached to the Case

A. You have an option t file a cheque bounce case u/s 138 of the NI Act and proceed criminally.
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Here are some quick points. Cheque bounce / Builder and Bank fraud collaboration: - Builder wasn't making the property and we came to know that our flat was sold to someone else before doing an agreement with us. In fact we were the 3rd buyer of the same flat. The whole project is fraud and too many issues in papers. Bank didn't do any due diligence and checks and now has nothing as collateral - We stopped cheque and bank bounced EMI and Security cheques. And bank put a 138 on us. - We came to know that BANK gave the full amount to builder without taking any advance "margin money" and without my approval. - Builder doesn't own the land as his cheques bounced after registry. - RERA ruled in our favour and directed builder to refund. Non compliance there. We filed execution but i know it wont help. We have argues in the CJM court but he doesn't want to listen and says this is regarding cheque bounce only and everything else is secondary. My lawyer is very good as he collected all these evidences. In this project, we are 7-8 people with multiple flats fighting this bullshit together. Why is our Law so blind. What do i do now?

A. Dear Sir,
You may approach High Court and put a stay on the proceedings before CJM Court.
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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
Suneel Moudgil Experience: 16 Year(s) Panipat
Gyan  Prakash
Gyan Prakash Experience: 12 Year(s) Noida
Sayaree  Ganguly
Sayaree Ganguly Experience: 3 Year(s) Hooghly
ask_a_question

Rajendra Kushwah

Posted 11 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 11 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 11 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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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Dadasaheb  Lande
Dadasaheb Lande Experience: 17 Year(s) Pune
Suneel  Moudgil
Suneel Moudgil Experience: 16 Year(s) Panipat
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Anonymous

Posted 11 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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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Munish Kumar Goyal
Munish Kumar Goyal Experience: 7 Year(s) Ludhiana
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 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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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 15 Year(s) Kolkata
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Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
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Anonymous

Posted 1 year 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.

Thanks
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Munish Kumar Goyal
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Kishan Dutt Kalaskar Retired Judge
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