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Kabir   08 September 2011 at 00:22

Cheque bounce

Hello to all,

I would highly appreciate any suggestions and advice on the following concern.

I had a Santro Car, which i sold it to a lady in the month of June for 55000. Now it was agreed on as it is, where it is basis, This lady offered my 35000 (20 In cash / 15000 cheque)and requested to pay the later after the papers are transferred. since she was looking educated and honest (also since she said, she was short of cash at the moment and would pay me within 15 days or due till the papers are transffered) Now, at first she deliberately delayed the process of transfer by giving irrelevant documents to RTO, which delay the usual process of 15 days to more than a month, after i got suspicious and demanded a PDC, she very reluctantly gave me 2 cheques of 10000 each dated 28th july and 28 august... to my surprise, she was adamant that she cant pay me before that and i have to agree to her terms or forget my money, hence i did bow down and accepted the cheques.

Now during the transaction of the said vehicle, i had sent her an email dated June 19th 2011, specifically stating as follows """ Dear Jayata,

As per our agreement post inspection apropos to my Hyundai Santro car
bearing no MH02 JA 1665, please consider this as a formal acceptance
of the below mentioned terms..

You have paid me 20000 in cash on 18/6/2011, along with a cheque for
15000, drawn on bassein catholic bank, against my car on as it is
where it is condition. You have a due of Rs 20000, post the transfer
of registration title of the aforesaid vehicle, which you promise to
pay me by cash / cheque, once you receive the transferred papers.

I have given you the delivery of the above mentioned vehicle, on
18/6/2011, and any responsibility for accident, theft, legal, or
general, concerning the above said vehicle lies with you. My due
responsibility as required by the law only remains limited to, the
documentation and transfer of the said vehicle.

Kindly acknowledge the same.

Request you to reply back with "I agree" as acceptance of the above.
""" to which she replied back through email dated Jun 19, 2011, as """ I agree the acceptance above. Also that the car originally belongs to Mr. A.G Prasad & you have taken the responsibility on the above transaction.

Regards, """

Now the first cheque issued for the month of July has bounced ... and the second cheque issued for the month of August was stopped by the account holder. when i brought this to the notice of the lady, she was simply ignorant and calmly said i am not paying you. she also has said that after she brought the car from me and after using it for almost a month, the AC stopped functioning and she had to get it repaired at the cost of 7000 rupees... though it was clearly stated, that my liablity only lies to the transfer of the papers.

Please advice as i am tensed and in need of the money.

PS: Since i wanted the car only for a temporary period i had not transferred the car to my name but had the original owners consent to use it till i need and i can sell it directly then. So the car was originally registered in the name of AG Prasad.

any help would be highly appreciate.

Regards
Kabir

Anonymous   07 September 2011 at 22:20

Harrasment by parents

dear sir/madam i am 18 years of age.my parents have always been fighting for years since my childhood,when i was in 12th my father was suspecting my mother of having affairs and told the principal all household stories he made up stories,the principal told all this stories to my friends and humiliated me,my father called my friends and also told them bad false stories about me.when he came from dubai he brutally hit me,i was severly injured,my father also said that i slept with my mother,and even my mother says i have bad eyes on her,sir iam bieng abused like this,due to all this i could not concentrate on my exams and i failed. sir i dont want to stay with my parents as their harrassing me ,i even thought of suicide because my life is become miserable,sir please help me with some advice on this,as my only hope.thank you.

Anonymous   07 September 2011 at 21:47

How to avoid punishment u/s420

An innocent person involve in bad conduct in law.To possess a problematic,government things.But he never use the Government logo for any purpose.Only to posses from his previous employer he having some stamps or confdential records of Government.What is remedy to escape from the bad trap if the situation is gone to the court.

Anita Singh   07 September 2011 at 20:17

Application

Please give me the application of refund of cash bail matter is already finished

sajoli   07 September 2011 at 15:33

Crpc

is it better to go for quashing of fir or trial after filing of charge sheet? (if the case for the respondent is quite strong)

Anonymous   07 September 2011 at 14:02

Sec 313 in sec 138 of ni act

Sir, Gud Morning. I hav a doubt that whether 313 is necessary in cheque dishonour cases numbered as CC. If yes, wht happens if it is avoided. what can i do now. Pls suggest me.

PARESH DESAI   07 September 2011 at 12:53

Dishonour of cheque

I WAS A GOOD CLIENT OF A BANK. BANK OFFERED ME LOAN. I TAKE LOAN AND ISSUED THEM CHEQUES. I HAD A LAON OF OTHER BANK ALSO. I GAVE OTHER BANK TO AVAIL ECS FACILITY FROM FIRST BANK FROM MY SAVINGS AC. IN 2006 IN MONTH OF JANUARY MY FIRST BANK PASSED THREE ECS OF OTHER BANK. I HAD NOT MADE A PROVISION OF 3 INSTALLMENT IN ONE MONTH. MY ACCOUNT WAS IN DEFAULT AND HEAVY PANELTY WAS CHARGED BY MY BANK IN SAVINGS AC. I HAD NO OPTION TO STOP OPERATING MY ACCOUNT. PDCS WHICH I ISSUED TO MY FIRST BANK FOR LOAN I MADE A STOP PYMT. AND I STARTED GIVING PYMT FROM OTHER CHEQUES. NOW BANK UTILISED MY PREVIOUS CHEQUES AND FILLED 138 CASE AGAINST ME.
I DID NOT RECEIVED A NOTICE AND SUDDENLY I GOT SUMMON FROM A COURT.
ACKNOWLEDGEMENT SUBMITTED BY BANK HAS NOT MY SIGN. I DID NOT GOT TIME TO PAY BANK WITHIN 15DAYS FROM NOTICE AS PER PROVISION OF ACT138. WHAT STAND I CAN HAVE IN COURT. PL. GUIDE ME

Vikrant Goel   07 September 2011 at 08:46

Dowry act

I was trapped in false 498-A, 323, 406 & 506 after marriage was lasted for 7years 3 months and judges are against me as my wife and her family are in Judiciary. I have applied for Divorce on Mental Cruelty Ground. Judges has threathned me for penalty. To show his power he will not show any mercy towards me and my childrens.I wish to ask what is maximum penalty under above IPC a Judge can order as judge is aware of all the facts.

venkatesh darasi   07 September 2011 at 07:49

Cheqe bounce

scentence includes fine and penality,OR fine is separate and penality is separate

Anonymous   07 September 2011 at 06:48

Compounding of cheque bounce cases where complainant not agreed

Section 147 was inserted by way of an amendment to a special law, the same will override the effect of Section 320(9) of the Cr.P.C., especially keeping in mind that Section 147 carries a non- obstante
clause...”

Hence, it is held that the Court where finds that payment of cheque has been paid to the complainant or amount is deposited in the Court for disbursal to the complainant in consonance with the guidelines and parameters enumerated in Damodar S. Prabhu's case (supra), the Court, in the facts and circumstances of the case, can quash the complaint and subsequent proceedings without the consent of the complainant under Section 147 of the 1881 Act. To emphasize this, the Code of Criminal Procedure, in the table specified in Section 320 Cr.P.C, in column No.3, mentions the person who can compound the offence, whereas there is no such requirement under Section 147 of the 1881 Act.
Punjab & Haryana High Court Criminal Misc. No. M-22336 of 2008
Date of Decision: 14.10.2010