Summary suit or cheque bounce case


Dear Experts,

On june 2018 i paid an person X 12 lakh to start a business on 50-50 basis , The X person x got into rental agreement with the mall. till may 2019 he did not start business he mentioned he was under financial stress so he proposed a new agreement where i would one 100% of the store and he would take case of operational expenses and would pay me 55k per month and if the store does not start by july 2019 i could use the 26 lakh cheque he gave me as security .

In the agreement i have agreed i will pay 26 lakhs by may 2019 but once i paid him 24 lakhs he again stopped work , i have mail from mall where they say they dont see any progress on work from june.

Now my questions is if i desposit the cheque and cheque is not honoured how should i proceed?

I am NRI

1. which is better for speedy recovery and putting pressure on him to returr money before we file case? summary suit or cheque bounce case?

2. what are court fee for summary suite or cheque bounce case in chennai tamilnadu?

3. i did not pay him entire 26 lakhs that was agreed in the agreement , so when we argue in summary suit will the court consider this 26 lakh as due ? because i paid him 24 laksh

4. When i send notice to him affter the cheque bounces , what if he decided not to take the notice and ignore it or make an arrangement with the post department to not to deliver the notice?

5. Whats the process of delivering the notice?

6. he does not seem to be man of his word , should i give him some time to return money or deposit cheque

7. in case of summary suit in this case can he take leave no to come to court or ask permission to defend his case ?

Pls help me i cant seem to find an answer for these clearly

 
Reply   
 

firstly u have to deposit said cheques within 3 months from its date. after depositing it if dishouner then u have to give notice through advocate within 3O days from dishouner. in your notice 15 days time u HV to give him. if failed to pay u as per cheque amount then expiry of 15 days u have to file complaint under section 138 of negotiable instrument amendment act 2018 within 30 days . u have to paid 2% court fees as per cheque amount. if any queries contact me at 9970786349. Adv.Saeed Rahim Sayyed .
 
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Sir but which is better option can I opt for summary suit as I believe it�s gives quick recovery ? Is this case eligible for summary suit ?
 
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well there are so many matters you have to consider

1. first you have an contractual case with this person and as per the contract to my belief the cheque is for security not liability you will have problem to prove it otherwise
2. based on the terms of the contract this should have been decided before you agreed to sign the contract
3. 2 lack is a problem because the cheque will exceed what you paid to him and what you agreed to pay to him now before putting the cheque for honor you can either deposit further 2 lacks in his account and after 3 or four days go for cheque clearing or you can contend 2 lack withdrawal from your bank and in notice write that he took 2 lack in cash from you and do not deposit back just make your story beleavelable as possible backed by document or bank record
3. file an complaint to police for registering FIR for fraud and misrepresentation
4 file another suit with another notice of civil nature for harrassment, destruction of your goodwill , breach of contract
5. another way is to file for recovery suit and the court fee will be about 2.5 almost all over India give or take

Total likes : 1 times

 
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based on your case we can give you detailed consultation for all the afore said matters adv.karnish gupta 9888882383
 
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based on your case we can give you detailed consultation for all the afore said matters adv.karnish gupta 9888882383
 
Reply   
 

sir i have a mail where he has confirmed i can deposit cheque if he does not open store before July 27th.

 

Also he has sent an mail that he is removing me from contract becasue i did not pay him full 100% , despite me asking hiim to finish balance work and i will pay him the rest.

 
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