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Stop payment for cheque.

(Querist) 22 September 2013 This query is : Resolved 
1bought a property , registry done and PDC given

2before date of last PDC received notice from
electricity department of dues and learnt that a case was going on between previous owner and the department

3wrote notice to the previous owner (who was refusing to meet)of stopping cheque, sent him balance amount, stopped cheque, kept adequate funds in bank(bank manager certificate available)

4 the owner presented both the cheques instead of returning the first and obviously was stopped for payment.

5 he then filed case against us for bounce cheque.

6in the meanwhile we had also approached the court PREVIOUS OWNERvs ELECTRICITY DEPARTMENT CASE and offered to deposit the balance amount in court which could be claimed by either party after court decision

please explain status of case.
ajay sethi (Expert) 22 September 2013
you ought to have done due diligence before purchase of property . cheque bouncing case would proceed against you . since you had already purchased the property from the seller and agreement was duly regd you were bound to honour the cheque .

as far as electricity dues are concerned sale deed must have contained a clause that seller would keep you indemnified in case any claims are made by any authorities . you could have recovered those dues from seller .
Sudhir Kumar, Advocate (Expert) 22 September 2013
you have done right thing in wrong way. Even if there was no clause in sale deed still you could recover the dues civil suit.

If the sale deed contained any such clause of the property being free from dues you could even file criminal case and you have now lost the chance.

Sudhir Kumar, Advocate (Expert) 22 September 2013
If the case is filed under 138 NI Act then you can argue that no dues are pending against you because you have deducted the loss sustained and returned balance payment.

But all this will be there when you apply for bail.
V R SHROFF (Expert) 22 September 2013
go for 138 , show ur readiness to pay. 138 will be dropped on yur offer.
Explain to court the real transaction.
issue notice to seller, to rtd ur chq.
Rajendra K Goyal (Expert) 22 September 2013
Well advised by the experts, nothing more to add.
Nadeem Qureshi (Expert) 22 September 2013
what do you want from us? your query is not clear
R Trivedi (Expert) 23 September 2013
Registry is there in your name, he concealed this information from you at the time of registry, so you cannot be faulted and moreover you are willing to pay this amount if he settles his old dues.

Once the cognizance under S.138 is taken, then lower court may not be able to discharge you so easily, you must move to High Court under S.482 for dismissal of charges against you, citing all these issues and clearly stating your intent to pay if he settles his dues and property becomes absolutely yours.

Now the problem which will come in future is that once he looses the case with Electricity Department, then department shall have right over his property for decree, this property would not be lying with Department as security, so the department in all likely-hood cannot do anything on this property and they cannot attach it.

Another issue this property becomes 100% yours, only if it is not in prior lien with anyone else and also only when you make 100% payment. So find a way to settle your payment with him also.
ABDUL RAZIQUE (Expert) 24 September 2013
PDC is clear or not, receipt of balance payment is present or not, in your deed Indemnify clause is written or not,kindly check these, if these are present with you,
first take bail from court in the matter of S 138, then move High Court under sec 482.

If you not paid amount to seller, he has right to cancel your deed.

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