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Cheque bounce

(Querist) 28 October 2011 This query is : Resolved 
Hi,
I purchased a property in Hyderabad, builder has cheated by impersonating the bogus/fake owner. Bank has released 40laks loan on my profile to that property to the builder and I have given 13 laks on to of that. When I asked the builder about it, he said that he will return the amount and gave me 2 blank cheques and two 100 rupees stamp papers with signed on it and asked some time for clearing the amount. But till now he is saying the same thing from the past 1 and half year.
Now I am planning to write the amount on the cheque and get it bounced and file case against him. As per the bank address, he is not staying in that address. But I know his parents address and his relative address. If I send the notice letter to that address will it be OK. Or what is the alternative. if he does not receive the letter. Is acknowledgement of the notice is must?

if possible please send me the format of the notice.

Please suggest.

Thanks
Joseph Kiran

Devajyoti Barman (Expert) 28 October 2011
Send the notice to the present address of the person.
Return of Service is a must to show whether the service is completed or not.

Engage a lawyer who would draft the letter.
It is not the matter for a layman.
prabhakar singh (Expert) 28 October 2011
You failed to do what you must have done earlier for his offence of impersonation.What was the basis to believe an impersonator??

Anyway now you do need personal services of a lawyer to serve notice of demand against a bounced cheque and to prosecute him u/s 138 N.I.Act.
Shonee Kapoor (Expert) 28 October 2011
However without agreement of return the case under S. 138 N I is not made.

When was the property purchased, you may still go aggainst him for impersonation and cheating.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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