Cheque bounce case - help please
Vinod Bachu
(Querist) 25 February 2014
This query is : Resolved
Dears,
I had given an advance of 6lacs to purchase a house in Feb'2013, and after 4 months, due to my inability to get the required loan, I have entered into an agreement with builder in Jun'13 that he can please return my money and sell the property to some one and agreed to a refund of 4.7 lacs, and he has given a cheque for the same value, Now, he is not repaying the amount and threatening me to do whatever I want. Now, what are the options for me? Can I present the cheque(I am sure it will bounce) and file a complaint with Police or Can I directly approach Police and raise a complaint? Please help.
ajay sethi
(Expert) 25 February 2014
file summary suit for recovery of your 4.7 lakhs . you can also file case of cheating , cheque bouncing against the builder
Rajendra K Goyal
(Expert) 25 February 2014
Present the cheque and on bouncing file the case of cheque bouncing.
File criminal complaint about cheating.
You can also file suit for recovery of your money.
Nadeem Qureshi
(Expert) 25 February 2014
present the cheque for encashment, if bounce then send a legal notice to builder and if he is not ready to pay the amount within 15 days you can file a criminal complaint under section 138 of NI act read with section 420 of IPc before criminal court
Guest
(Expert) 25 February 2014
As well advised by all above Experts you could proceed and simultaneously File a Police Complaint for Cheating also
Vinod Bachu
(Querist) 22 March 2014
Dear Experts, Can some one please clarify on
1. I do not have any documents except for the cheque the builder has given me? Do I need support of any other documents to file the case?
2. How much duration will it take for court to solve my case?
3. I am a Pvt emp, will this hamper in any way my professional career( as I hope I need to present myself in court for every argument)?
Thanks a lot in advance.
ajay sethi
(Expert) 22 March 2014
you have agreement entered into with builder . in addition you should also enclose proof of payment made by you to builder , refund cheque received .
it may take around 5 years depending upon pendency of court cases in your city .
it wont hamper your professional career . you need not attend on each date your lawyer can attend on each date
