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Rahu L (Online marketing)     03 December 2009

Cheque bounce

Hello Sir,

I bought a flat in pune and taken home load from Axis bank Pune, I have given a two post dated (ICICI bank ) cheques (Rs. 50,000 respectively )to builder as down payment. While making agreement we mentioned these cheque number on it.

Now the issue is one the check is cleared and other cheque is bounce due to date /signature mismatch.

Now the axis bank says u have to clear that bounce cheque then only we'll disburse your loan amount. i am ready to give another cheque to builder but we can't change it on agreement

is there any way we can solve this problem. ple help me.

Rahul L.




 7 Replies

Devajyoti Barman (Advocate)     03 December 2009

Even if no changes are made in the agreement there is no harm.In the deed of conveyance you could describe the details of the cheque as after execution and registration of deed of conveyance the agreement for sale ceases its impotance.

vvkrishnakishore (recently passed LLB)     04 December 2009

just go to the bank and again sign on the bounced cheque, if there is a problem with date, cut it off and authorise the correction with your signature.  There is no rule that once cheque has been bounced it is permanantly useless.

vvkrishnakishore (recently passed LLB)     04 December 2009

please take the receipt from the builder clearly mentioning the cheque number  definitely he will acknowledge, whether bounced cheque or new cheque you can prove at any moment  you have paid the consideration and builder received the consideration

sandip (banking)     04 December 2009

YOU YOURSELF HAVE ANSWERED THE SOLUTION. cHEQUE WAS BOUNCED BECAUSE OF DATE/SIGNATURE MISMATCH & NOT BECAUSE OF FUNDS. SIMPLY GO TO THE BANK, SIGN THE SAME CHEQUE AGAIN, YOUR JOB IS OVER.

Kiran (Sr)     04 December 2009

I had carried out interior work in my house for which i had paid by cheque to the contractor,but the work was not completed as per my expectation. so obviously i had asked the bank for the stop payment of the cheque(there was adequant fund in the account).

 The bank returned the cheque with the remark inadequant fund(which was accepted by the bank it was their fault).

The contractor has put a case on me under section 138 how can i defend myself please help,

saquib (Advocate)     05 December 2009

Dear Kiran,

 As per privisions of NI Act. Sec. 138 the essential ingredient for offence is:

Where any cheque drawn by a person  is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence.

If you have stopped the payment by giving orders to your Bank in respect of your account you can put your side in court that there the contractor has not carried out/ Finished the interior work assigned to him and after various request and reminders Contractor had not finished the work  but in-order to defraud you he has presented the cheque.

Regards,

Saquib

09272990869

Mumbai

  

 

Pankaj Kundra (Advocate)     09 December 2009

Dear concerned

U have gt the right answers u can approach the dealer/bank who has the bounced cheque, resign it put in the new date if required and just put in ur initials .. and voila the problem is solved

regards


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