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Dr.Gaurang N. Gandhi   17 November 2009 at 08:40

N.I.Act-138

If there is a contract performed by two parties regarding sell of goods at certained quality and as per the agreed prise. the buye handedover a cheque for the same at full payment in advance.

Now the saller delivered the goods in infirior quality.

In there agreemnt the saler is agreed to deposit the cheque only after delivery of the goods.


on delivery the buyer called the bank for stop-payment regarding the cheque handed over to the saler, by giving the ssaid cheque number.

at the same time he also inform the saler not to deposit the said cheque in the bank on the reason that the goods is not as per the sample quality.

dispite of that the saller deposit the same cheque in bank for payment of that.

the cheque is returned on the endorsement of stopped payment..


ON this the saller filed a suit in court.

Q1. can he has right?

2. what are the remedies for the buyer?

3. any extra suggestion both the side for saller and the buyer side.....

Anonymous   17 November 2009 at 07:15

EXPERT ADVICE

Dear Friends,

I have joined LCI recently and was fascinated by the content of this site. It is a very useful site.

However, in the EXPERT section, I find some advises which are not expected from an EXPERT LAWYER.

I hope you will agree with me that there is a need to keep up the falling standards in our profession. If not the reputation of lawyers will be damaged beyond repair.

I invite expert opinion of my brother lawyers on enhancing the standards of the profession.

I also take this opportunity to appeal to the management of this website to consider having a moderator to check this.

Kindly note that my intention is only to enhance the standards of this good website but not to criticise or demean any member.

Anonymous   17 November 2009 at 00:45

use of

no action is taken by mcd against complaint of illegal construction how can i force them to take action within time limit i can use rti what after it if nothing happen

Karunakar   17 November 2009 at 00:44

Post dated Cheque Dishonor


Dear Sir,

I had a plan to Purchase a Flat,
A flat was selected by me and as a part of initial payment I made some payment to Builder.(There are 4 Active and 4 Sleeping partners in the Venture)

Due to Recession, the Project could not materialize...
We made a payment in OCT2008; since the project (total 110 flats) was not materliaze...we demanded our money back from builder.
Builder agreed to give us money in July.
From then he was keep on postponing the date. we were behind him asking for the post dated cheques..
Builder at last gave a post dated Cheque for 1/4th of the amount we paid.
Cheque given to us in OCT-2009, Dated for Nov 10th.
I have deposited the cheque on 12th Nov.
Cheque got bounced by saying "Insufficient funds".

How should I go legally to get my money back?
Should I use IPC 420 and 138?
Is IPC-420 is Non-bailable ?


Thank you for your valuable time...

Waiting for you answers...

Thank you



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V.V.RAMDAS   17 November 2009 at 00:13

Can a fixed depositor holdr of Bank be consumer before the

Dear friends,
Let me clarify, whether a fixed depositor hoder of a Bank can be a Consumerbefore the Bank as per the defination of C.P Act?