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Vishwa Ranjan (SISO)     24 August 2011

Cheque stopping an interesting scenario

Hello all eminent legal member of this community,

I need an expert openion in a case. I will give you the details. I bought a property way back in year March 2008. I issued a cheque to the seller of an X amount. Later through some source I came to know that the he has sold me some land part of which does not belong to him(but is a govt land.). So I stopped the cheque. In the meanwhile he had deposited the cheque even after my warning that I had stopped the cheque. A days after the checque was returend he came for a discussion to us and assured us that there is some mistake in land survey and seeing the relationship that we used to share I deposited the same X amount in his number account within  a week of the cheque getting returned. This all happened in March 2008. Some part of the money was paid in cash too in 3-4 installments. And the full payment was made to him by Sept 2008.

After going for motation we came to know that from the local Tahildar that the land indeed belonged to Govt as per the record. We tried to go to his house and talk to him several times but he refused to return the oney back. So finally we launched an FIR under 420 in year 2010. An arrest order was issued by court and after evading the arrest for quite some time he got arrested this week.

Now he is threating us to file an FIR for that stopped payment cheque.

DO I have somethign to worry in this case. I am an class-A officer wrking in PSU. Please tell me in detail.

Thanks

Vishwa



Learning

 2 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     25 August 2011

Cheque bouncing case is out of question as you have paid cash in Bank.But see that the case does'nt bounce on you for buying a Govt.land. Hire a good lawyer and indemnify yourself on priority basis.

Surendra Gupta (Banker)     25 October 2011

In case you had warned the seller about the wrongs in the deal committed by him IN WRITING BEFORE STOPPING THE CHEQUE, there is no question of his taking action against you. However, you have to safeguard your monetary interest by engaging a good lawyer without further loss of time. Best of Luck


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