Case 138 cheque bounce

Sush (Querist) 14 July 2018 This query is : Resolved
I have sold my house to a builder. Where token amount was given and a post dated chq was given . Registration was done. Later the chq dishonoured. I filed a cri 138 chq bounce case. Where i won the case at the lower court. I was given a order of double d chq payment. Later the builder appealed in session court. Hearing state is at session court. I even filed a civil suil of specific performance at high court. Now the builder is like settle the case. He has deposited 20% of d chq amount in the session court. Now builder is like take the 20% which is deposited in session court and i wil cancel d registration . He is like to file terms n concern in high court. But my civil advocate is like first do the registration and then sign terms and concer. I just wanted to know if i do cancellation of agruement first. And den if he neglects from signing n filing terms and concern so that he would need to pay that 20 %. Wil it effect my criminal case of chq bounce if i do the cancellation of agreement??

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Dr J C Vashista (Expert) 15 July 2018
1. Language used is bad and unable to understand.
2. You have already engaged lawyer(s) and filed/contesting case(s) you should rely upon him/her/the.
3. If you have lost faith in your lawyer change him/her immediately.

Adv.Ambrose Leo (Expert) 15 July 2018
You have a complex serious issue Under the Act remedy is available to you, better to consult a Professional High Court Advocate to guide & protect you on all aspects of the issue quickly.

Guest (Expert) 15 July 2018
Was there any specific reason for not deciding upon terms of agreement before taking 20% token money?

Kumar Doab (Expert) 15 July 2018
The said 20% was deposited as per some agreement or as per instructions!
The language and draft is not clear.
The registration is to be cancelled or done!

Kumar Doab (Expert) 15 July 2018

You may preferably discuss the matter in person with all related docs and in details with your own or another very able LOCAL senior counsel of unshakable repute and integrity specializing in such/civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt…….
Check for such counsel at LOCAL, Civil Courts, HC, SC,..
From various threads posted by you in Forum/Experts( Sush/Poonam Garg/Member A/c deleted) this much can be ascertained that your buyer/builder is shrude and/or has a good counsel to defend..

Kumar Doab (Expert) 15 July 2018
Other threads;

http://www.lawyersclubindia.com/experts/Suggestion-in-case-138--607106.asp
http://www.lawyersclubindia.com/experts/Case-138-612116.asp
http://www.lawyersclubindia.com/experts/Cheque-bounce-614651.asp
http://www.lawyersclubindia.com/experts/Time-period-to-appeal-in-the-higher-court-for-sec-138-604506.asp
http://www.lawyersclubindia.com/forum/Appeal-in-Session-Court-against-decision-of-Lower-Court-27239.asp
http://www.lawyersclubindia.com/forum/Days-to-appeal-from-lower-court-to-higher-court--138530.asp

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