2nd hand 2 wheeler sale issue
vijay waghmare
(Querist) 15 September 2014
This query is : Resolved
hi sir's
some days before i hv sale my 2 wheeler with some amount the one person after looking all documents & bike he agreed to pay some amount for bike & for that bike taken person has given me the a/c pay cheque & i handed over the bike to him & agreed both that after cheque clearance i have to hand over the all document, but in between bike taken person has used my bike & shown to mechanic found some normal defect of engine knocking now bike taken person refused to pay the amount & bounce the cheque now bike is with him. later on i hv called him & asked for bike to bring with my address as i hv already spend my 3 days with them before with their address around 40 km long, now he is telling that come to (40km long) me with cheque after that i will hand over the bike.
"Now my question is that after seen all documents & bike personally of the taken person & agreed to pay, how someone can refuse. On that promise i hv taken 2nd bike now how can i manage the amount. can anyone guide me on that situation.
vijayw
Anirudh
(Expert) 18 September 2014
This you should have thought over before handing over the bike to him.
Now that cheque has been bounced, approach a lawyer, issue statutory notice u/s. 138 of the Negotiable Instruments Act. If he does not pay the amount within the notice period, then you have to file a complaint.
But there is time limit for issuing the notice from the date of intimation of dishonour of cheque. Therefore, without wasting time, approach a lawyer in your area.
T. Kalaiselvan, Advocate
(Expert) 24 September 2014
You may proceed with the cheque bounce case if you want to prolong the issue and waste time, money and energy on the good for nothing matter or settle it out talking to him and bringing back your property.
