Please Help NIA 138
abhay
(Querist) 19 May 2010
This query is : Resolved
Respected Sir.
I am by profession a lecturer. I sold my plot to Mr. Patil which was mortgaged with HDFC. As per the agreement I have to bring the No due Certificate of the Bank before Sale deed. Unfortunately the co-op bank in which I have deposited amount of the plot closed by RBI and I failed to get No due Certificate from HDFC. It was amount of 55000/- only. I paid Mr. Patil 25000/- cash of which I have no receipts and issued the cheque of Rs 30000/- drawn on bank of maha. and after that Mr. Patil got No Due Cert. As per the agreement Mr. patil has to execute the sale deed before 30/04/2008 but due to lack of some documents from CIDCO sale deed delayed. As per the agreement, Mr. patil will have to procure all the required documents and I will help him in the matter which i did.
In the mean time I paid Rs. 30000/- to Mr Patil in cash and again didnt take any receipts since we were extremely in good terms and it was my first deal in life. On the day sale deed I demanded my cheque back Mr. Patil said it is kept at home and not traceable at the time hence he gave hand written note of cancellation of the cheque in which he has simply written that
it is hereby agreed that the cheque so and so issued by abhay mudgal is hereby cancelled.
I smelt something fishy. I informed the bank to stop the payment the cheque in written application. As I suspected Mr. patil put the cheque for realization bank had stopped the payment of the cheque giving reason No.07 which means insufficient funds. Subsequently I got notice from the advocate of mr. patil and I too replied through my advocate and eventually I got summons from the court to appear before the court to reply. I am a govt. employee and quite afraid of these things. Advocate says we have to apply for the bail. Bail means criminal offence. And because of all these things I am quite restless and frustrated though my advocate assured me that nothing will happen and I do believe him yet restless.
I have preserved the copy of original cancellation note of the cheque and a letter to bank to stop the cheque moreover as suggested by the bank employee I kept insufficient fund in the account. Should I face the trial or is there any way to compromise.
My spouse and myself are joint owners of flat. Do my spouse stand eligible to offer surety.
A photograph and tax receipts are enough to get bail.
please reply.
Expecting earnest advice in this regard.
Thanking you
with deep regards.
Raj Kumar Makkad
(Expert) 19 May 2010
Compromise depends upon the complainant, however, the facts stated by you are definitely helpful for you during the trial and final outcome but question is harassment while trial so better you make compromise with him to save your time and energy.
B K Raghavendra Rao
(Expert) 19 May 2010
Copy of sale deed, tax paid receipt, khata certificate and encumbrance certificate need to be produced for getting bail. Since the cheque amount is less, your surety bond should be sufficient to get bail.
It is inevitable that you face trial. During trial, you need to produce the documents you have in your support.
