refund of advance paid
Ram S
(Querist) 12 October 2009
This query is : Resolved
I have entered in an agreement with one person, Mr Dakesh, for buying a plot here at Horamavu Village, Bangalore. The Seller has forged the documents and has taken an advance of Rs. Three Lakhs and fifty Thousand from me. When asked for the refund of the advance money, he has provided two Cheques, which have bounced twice, due to insiffiecient funds.
Please advice me how I should proceed further to getback my hard earned money back.
joyce
(Expert) 12 October 2009
Dear,
You got the cheque issued by Mr Dakesh a seller of plot, which got bounced so u can file a civil as well as criminal case under section 138 of Negotiable Instruments Act along with Indian penal code section 420,for cheating and forgery also.
A.P.Manoranjan
(Expert) 12 October 2009
HI! Ramji,
You must intimate the seller about bouncing of cheques through regd.post.After that go for civilas well as criminal suits as advised by Joice.
Raj Kumar Makkad
(Expert) 12 October 2009
This is the chain of the offenses committed by your alleged friend. If he has forged the documents with intent to have a contract of sale with you then you have got occasion to file criminal case under sections 420/467/468/471 IPC and now he has committed offense punishable under section 138 of NI act. Immediately send him legal notice seeking payment of amount of cheques within a period of 15 days and thereafter file another criminal case against him within a period of 1 month.
Sachin Bhatia
(Expert) 12 October 2009
File a criminal complaint Under Section 468 & 420 of IPC. You have the cheque issued by the seller which got bounced for this you can file case u/s 138 on N.I. Act.
RASIK DAGLI
(Expert) 12 October 2009
I agree weith views of Mr. Raj Kumar. Please send notice as per S/138 of Negotiable Instruments Act. Also file Civil Suit after waiting for some time for the result of Criminal complaint but before the expiry of Limitation of 3 years .
RASIK DAGLI
Advocate.
