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GD (PARTNER)     13 May 2015

138 cheque bounce

i had one neighbour whose children were studying with my children and have family relations. he needed help and i arranged pvt loan for him against his property but he was unable to repay. the lender took possession of his house which he has pledgeed. but i came to his rescue as it was a disputed property with the owner having so many loans on this.i settled all his disputes but still nobody believed and was ready to buy this property and lender was a cruel man and would not have paid any surplus amount.  He decided to shift to his home state kerala, and he requested me to buy that property as i knew full facts that now no dispute is pending. just in the interst of his children and our whole hearted symathy with his family i agreed.

I bought the property in june 2008 for rs 30.00 lacs, from W one of my neighbour of 12 years, who was shifting to his home town in south india, and part payment of 4.50 lacs was by way of  post dated 3 cheques totalling for rs. 4.50 Lacs,of  28th sep 2008,  as he has disputes with many people and i want to confirm nil encumbrances by putting a board of ownership on property. the sale was registered on 25th june 2008.

on 30th june 2008 the seller came with his wife stating that he has been diagnosed with heart problem and has to undergo immediate surgery and they need tjeir money urgently may be i can deduct some intt for immediate payment or as a security. sympathisiing with his plight i paid 4.02 lacs, as 3.50 lacs as DD payable at banglore as per his request and also paid a self cheque for encashment of Rs. 42000 for his flight journey expenses. 

i asked for my cheques back, but he said he has forgotton these in the luggage which he has already sent by truck to south india and he will return the cheques after going back home. however i got one receipt signed from him with revenue stamp elaborating above agrrangement that he has received full consideration in lieu of cheques issued by me  and willl return the cheques and also confirming that he has issued one security cheque of equivilent amount Dt. 30/09/2008 to assure me of his genuinety.

but he filed a case in kerala through his wife (as he was unable to face me) just on the basis of one old POA for water connection in the sold property. the notice was also sent late after the statutory limit  and this notice was never received by me as he managed to get remarks from postman of our whom he know personally- house locked where as it was untrue. in the meantime the validity of security cheque with me also expired.  suddenly one bailable warrant served on me and i have to appear and do all formaliies. during arguement his wife accepted and recognised the signatures of her husband on the security cheque issued  to me and on the receipt issued by her husband.

both the lower courts disregarded our objections to late notice and ther receipt by complainant proved  to be signed by complaiant. now it is pending in the high court for the last 4-5 years where we have taken all the pleas and pointed out technical lapses on the part of complainatn. now Can my learned friends help me in drafting my arguements for HC / SC or give some citations of cases which can really help me in saving myself for my fault of helping a friend and needy person. i shall be much obliged for your comments and guidance.



Learning

 5 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     13 May 2015

Be brief when expect answer to ur query all r bussy in their profession. Pl condense query to seek reply

Jeetender Gupta (Advocate)     14 May 2015

Need to see grounds of appeal filed by you before HC to properly advise. Btw you shd have straight away filed quashing in HC u/s 482 CPC in the first place.

Dr J C Vashista (Lawyer)     15 May 2015

Too long story and not a query, consult a local lawyer.

T. Kalaiselvan, Advocate (Advocate)     16 May 2015

You cannot expect the experts here to read your long queries owing to the paucity of time.  Be brief in what you want to saya nd clarify else you can soncuslt your own lawyer , if he/she is not responsive, you may contact another lawyer in the local by producing the relevant papers and brief the situation in person for further opinion. 

ramesh samudrala   25 December 2016

i need a clarity with regarding to validity of a cheque,  whether it is valid till before day after complition of 3 month ( 03-07-2015 cheque) .....     validity completes on 02-10-2015 or on 30-09-2015 ( if taken into consideration of validity period as 90 days) and in this case the last day if taken into consideration as before day of end of 3rd month the last day of its validity is coming on 2nd october i.e., Gandhi Jayanthi, whether it can be presented on 3rd October. my case is depending in the above footings and facts. I need exacat position of the validity of cheque dt. 03-07-2015.   

 


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