Bounce of cheque

M Singh (Querist) 05 October 2018 This query is : Resolved
I sold my property and buyer's husband issued me cheque and its details was mentioned in the registered sale deed. When I presented the cheque to bank it bounce due to insufficient funds and even after 10 days passed buyers is not depositing the amount in his account. My query that cheque was issued under the signature of husband of buyers wife and if I file case would it can any encumbrances.

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Vijay Raj Mahajan (Expert) 05 October 2018
Send legal notice to both as parties for the bounced cheque for recovery of amount first and make both as party for the criminal prosecution for cheque bounce as well for civil summary suit for recovery of amount from them.

Sudhir Kumar, Advocate (Expert) 06 October 2018
you are already late in sending notice.

M Singh (Querist) 06 October 2018
Mr.Sudhir Kumar I sold my property two weeks back and cheque was issued on same date of sale deed. I presented the cheque to bank number of times but till date due to insufficient funds it bounces back. I came to know that period of sending legal notice is within one month and thereafter case is filed. As you have stated that I am late in sending legal notice how. Can you please suggest.

Guest (Expert) 06 October 2018
You have the following options:

1) Cancellation of the sale deed by adopting due process of law; OR

2) File a case for cheating on both husband and wife with conspiracy to grab your property; OR

3) File a cheque bounce case against the parties concerned; OR

4) File a summary suit for recovery of the sale proceed.

Process may be different for clubbing the cases or for filing separately. So, you will have to take help of some very prudent and knowledgeable lawyer at local level at your place.