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Sachin   09 September 2025

Cheated by buyer in property deal.

Sir, Buyer has cheated me in my property deal through cheque bouncing the black amount/ market value for selling a flat, and has only cleared the consideration amount mentioned in the sale deal. I have a call recording of him confirming the price which we agreed, which is the black amount + consideration amount mentioned in the sale deed, where he is discussing the mode of payment. Can i raise cheque bounce case based on the cheque issued and call recording confirming the agreed price, and say the sale price is not the consideration amount mentioned in the sale deed? Thanks, Sachin


 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     09 September 2025

In the sale deed, the consideration or Market Value, whichever is higher to be shown, and the stamp duty and registration fees have to be paid accordingly.  Now, as per the sale deed, he paid the full amount; you cannot file a case against him.  Amicably settle the issue.

T. Kalaiselvan, Advocate (Advocate)     10 September 2025

For a cheque bounce case to succeed, the cheque must have been issued for a legally enforceable debt or liability.
If the transaction is based on unaccounted/illegal consideration (“black money”), courts hold that such a liability is not legally enforceable.
Courts cannot enforce agreements that are contrary to law, tax evasion, or public policy. Accepting black money in property deals is an offence under Income Tax laws and Benami Transaction (Prohibition) laws.
The Supreme Court has consistently held that Section 138 NI Act applies only to legally enforceable debts.
Cheques issued for illegal or immoral consideration do not create such enforceable liability.

Advocate Bhartesh goyal (advocate)     10 September 2025

No, cheque issued towards black or unaccounted money can not be legally recoverable and such debt does not comes under purview of legally enforceable debt or liability so your case is not maintainable. 

Dr. J C Vashista (Advocate )     10 September 2025

If the cheque drawn for consideration amount and mentioned therein the Sale Deed and it has been dishonoured you may issue legal notice  (Section 138 of NI Act) or for cancellation of Sale Deed.

Consult a local prudent lawyer for better appreciation of facts / records, professional advise and necessary proceeding. 

R.K Nanda (Advocate)     11 September 2025

No , you can't file cheque bounce case in court 

 

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     15 September 2025

1.   The place where the cheating has been done and how much amount is outstanding to be paid.


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