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Mohit Bothra (Head - Finance & B.D)     27 May 2015

Recovery of money

My father gave earnest money of Rs.10 Lacs to Mr. X & Mrs Y (wife of Mr.X) for purchasing their flat and the same had been recorded in the agreement for sale. They were supposed to handed over the flat in 2 months. They got it extended and later on cancelled the deal without mentioning any valid cause. They sent a letter along with a bank draft of Rs. 5 lacs and 2 cheques of Rs. 2.50 lacs each. He submitted all the instruments for clearing but both the cheque got dishonored due to insufficient fund. My father filed a case u/s 138 of N.I.Act. Almost after 2 years, he got the date for "evidence submission".

A. Is there any other act / law, which secure that he can recover the money from them.

B. Is there any civil / crimninal sections, that be binded on them alongwith the existing case.

C. Any other suggestions.

Thanking you in advance.

Mohit Bothra



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     27 May 2015

Sir, You can file a complaint for cheating and fraud against then for issuing you a cheque with an intention to get them dishonoured ... Warm Regards Kapil Chandna Adv 9899011450

Biswanath Roy (Advocate)     30 May 2015

For recovery of money you can file summery civil suit simultaneously and concurrently you can file cheating case and fraud under Criminal Act.

T. Kalaiselvan, Advocate (Advocate)     02 June 2015

Along with the criminal case, you can file a civil suit  for recovery of money not only cheque amount but also the interest portion too. 


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