Cheque bouncing and intention to deceive
Naresh S. Patil
(Querist) 21 July 2012
This query is : Resolved
Dear Experts please guide me.
Facts of the case
1. My client had entered into an agreement with a Developer for purchase of a plot.
2. At the time of agreement the owner was not owner of land.
3. There is no Development Agreement in favour of this Developer but he was selling the plots in a plot scheme.
4. The Developer deferring Registration of this Sale agreement.
5. Finally, he gave a Cheque to my client by cancelling the agreement returning the Agreement Money.
6. The cheque has bounced with the Reason " Drawers Signature differs". But, there is a doubt that he does not have balance in his account. The Developer is not intending to make payment.
7. The Developer is not giving all the property related documents to my client.
Now my Query is:
1. Whether my client can ask Developer's Bank to make full disclosure and seek the information.
2. Whether my client can file criminal complaint against the Developer for fraud
3. Whether my client can file complaint with a Consumer Forum?
Kindly advise me.
Arvind Sehdev
(Expert) 21 July 2012
1. Yes
2. Yes, u/s 420 criminal and as for civil you can file for damages and interest on the amount given.
3. Yes, but then civil case cannot be put forward. Apply in consumer that is a better choice. Ask for same thing, damages and interest on the amount given (i would say 18%)....
If you want judgments of Punjab State Commission on this I can give them to you.
