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imran   31 July 2019

Deposit of cheque

i had given a cheque for 20 lakhs to my business partner , we had an agreement that if i dont start business by july 27 he could encash the cheque. This cheque details were not mentioned in agreement , This cheque was issues once our agreement was signed  . i had confirmed he could deposit cheque if i dont start business by 27 july , but he had to pay me 26lakhs before end of june. but now he has paid me only 24 lakhs and since i did not start business , he has deposited cheque which i have blocked .

 

can i file a case for non performance on contract here ?

problem is the cheque details is not mentioned in the agreeement ? can this cheque bounce be persuaded seperately from or agreement ?

 

how should i proceed



Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     31 July 2019

You can file case for enforcing contract and there are chances that at the same time your partner can also file case for cheque boune against you.

imran   31 July 2019

Whats is meaning of enforcing of contract , just direct him to pay the balance money as mentioned in the contract ?

 

if i file this enforcning of contract can he also file cheque bounce case at same time ?

or if i file an enforcing contract case this has to be cleared first and then only he can proceed criminal case against me ?


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