Cheque issued against property bounced


I sold out my house against for which the payment was made in parts from the buyer.

Part payment was done through bank loan. And for the remaining amount a post dated cheque was issued. The cheque details (cheque number and the amount) were mentioned in the registration document.

However, the buyer of the house is not letting the cheque to be cleared as he is continuously telling that there is no balance in the account owing to which we are not able to submit the cheque in the bank. It is already a month from the date of the cheque.

Request you to help us describe what would be the impact of cheque being bounced, so that we can take the further course of action accordingly.

Also help us with the instructions how to go about in resolving this issue.

Thanks

 
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Advocate

Dear, If you get his check bounced then you will have to file the petition from where the cheque was issued ..... So first check that thing and thereafter you can see the documents you have with you to prove your case in future .... Kapil Chandna Adv 9899011450
 
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Advocate & Solicitor at Law

 

 

It is highly advisable that you act on the cheque issue urgently. The date and time of when you should the cheque depends clearly on the mode of communication which took place between you and him regarding the account. It also depends on the documents executed between you and him.

Otherwise, the case shall be fruitless as it was recently in one of my colleagues cases.

Once the cheque bounces, the clock will start ticking and the buyer will have no option but to pay you back the money.

Augustine Chatterjee, Advocate

9999931153

 
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Thanks Augustine/Kapil,

Thanks for your immediate response.

Just to explain you further on the case. The cheque is not yet bounced. I have it with me still. reason is explained under:

A current dated Cheque was given to me as on 30th Dec 2014. It was requested by the buyer that the cheque should be deposited post one week reason there was no cash in his account for which the cheque was issued. We agreed to it on a personal note. Now we have been following with the buyer to deposit money in the account so that we can deposit the cheque and it does not bounce, but the buyer is stretching the date each week. I need your suggestion in this regard what should be the next best move from my side.

NOTE: As a legal proof I have the cheque number mentioned on the property registration document. Pl suggest if this proof is sufficient to file a case against him in case of cheque being bounced.

Looking forward to your response.

thanks and regards,

Sandeep Kumar

 
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yes, of course it is sufficient proof. but please make the buyer communicate to you in written, saying that he is the one who is postponing the release of funds. if it is by way of phone, you will have no proof and he will put the allegation that wantingly you gave the cheque to the bank when you knew he has no funds.

 

Further validity of cheque is only three months. pls remember. 

 
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Thanks Jayashree. But it would be difficult to get in writing from the buyer that he is postponing the release of funds.

Please suggest if any other alternative. Can I submit the cheque in the bank and get it bounced and then send a legal notice to the buyer. And then in that case if has to deposit the amount.

If in case he still does not deposit the amount then I can file a criminal case against it.

Kindly let me know if my understanding is correct.

Also let me know how many days/months would it take to clear the case as I have no clue on it?

Appreciate everyone's answers and help to resolve my issue.

 
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The best suggestion is that you present the cheque tom your bankers, get it bounced, issue a demand notice to the buyer to pay the cheque amount immediately, in case he does not comply to the demand,you may proceed against the cancellation of the sale deed, take the help of a local lawyer.  You do not have to proceed with a cheque bounce case or a criminal complaint.

 
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Advocate & Solicitor at Law

Im not in agreement wid ms hariharan. If u place on record evidence showing him delaying the payment by asking u not to present the cheque yet and despite tht u present the cheque,then the complaint would nt be maintainable. It would mean cheque was presented without permission and hence accused would be acquitted. For any cheque bounce case to succeed there must be consent from the drawee to present the cheque

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