fraudulently transfer offlat and bounce of cheques
S K Sharda
(Querist) 09 June 2010
This query is : Resolved
I was purchased a Shop in the year 2005 @ Rs.175000/-, All payment made through cheques (in favour of Mr. A (seller/agent) and DD in favored Mr. B actual land lord. Mr. A was fraudulently transferred this Shop in favour of his wife (Mrs. C) in absence of me (I was out of station).
After a long dispute Mr. A and his wife Mrs. C issued two cheques from their joint account, as security of Shop till transfer of ownership made in favour of me but neither he transfer the said shop in faveour of me nor made payment. When I contact to Mr. A he refused to do so and threatening to commit suicide and name to me. By this act Mr. A has the clear cut intentions from the very beginning to cheat me of the same property.
I was lodged a complaint against with local Police Station and after a mediation of police and mutual friends they agree to compromise and settle this matter.
Duly compromise in the meeting held with family members and friends, Mr. A and his wife Mrs. C agreed to pay Rs.425000/- for the cost of Shop where cost of shop is Rs. 9 Lacs, asked me to deposit the cheques with amount of Rs. 2 lacs and Rs. 2.25 Lacs.
Unfortunately both the cheques were returned unpaid due to “Payment Stopped by Drawer” I have filed a complaint suite u/s 138 NI Act against Mr. A.
Can I file a suite of against Mr. A and his wife Mrs. C.let me advise which sections will be applied in this case.
