False cheque notice

Querist : Anonymous (Querist) 21 April 2022 This query is : Open
we received a false cheque notice , the cheque was bounced and after receiving the intimation of the same, we after 16 days by way of RTGS made them a payment of cheque amount, they received it and accepted it , and still they have sent us 2 notices, one for under section 138 and second for cancellation of sale deed , against which said cheques were issued, as 138 cannot be applicable to us as they received and accepted the payment , now can we file any counter suit on him for sending wrong notice like defamation or any civil or criminal suit.
Kindly guide .

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Quick Summary

If you've received a false cheque notice and have already made the payment via RTGS, you have grounds to contest the notices. You should reply to both notices, detailing the payment made, and can consider filing a civil suit for specific performance if the seller is refusing to proceed with the sale deed. While some suggest defamation is possible, legal advice indicates that responding correctly to the notices is the primary step, and filing a premature defamation case might weaken your defence.

kavksatyanarayana (Expert) 21 April 2022
Your query still requires some clarity however, you can file the counter by consulting a local lawyer.

Lawyerscba (Expert) 22 April 2022
Reply to the notice both through E-mail and registeted post with details of the payment made to them and also file a case of specific performance of contract in civil court of your jurisdiction, if the seller is trying to not to sell this land even after receiving the consideration money as per sale agreement.

SHIRISH PAWAR, 7738990900 (Expert) 22 April 2022
Hello,

You have to the notices issued that you have already paid the amount. They have to approach the court for cancellation of sale deed. So in court you can contest the case.

Advocate Bhartesh goyal (Expert) 23 April 2022
Yes, send reply of notice that payment of bounced cheque has already been paid through RTGS so withdraw the notice immediately.Since you have paid entire sale amount/consideration to seller so seller can not initiate any proceedings against you for cancellation of sale deed.

KISHAN DUTT KALASKAR (Expert) 14 May 2022
Dear Sir,
Yes, you can file defamation cases for sending false notices.

K Rajasekharan (Expert) 14 May 2022
The only thing you have to do, as per law, is to send replies to both the notices stating all the facts. What you stated here are the proper facts in this issue, then they cannot do anything against you through the court or by filing cases.

If you have paid the amount through online means they cannot go ahead with the cheque case which will be dismissed when you present the payment details in the court.

In the other case also, they cannot cancel the sale deed if you present the details of payment in the court.

You cannot file any defamation case for receiving a layer’s notice asking you to act upon or answer on a particular issue.

Filing any other case in this regard is premature and unwarranted. Such a move will cast shadow on your strength in defending both the cases, as the court may start looking at you with some suspicion.

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