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Akshay (Assistant manager)     28 August 2012

Cheque bounce

Dear Sir,

I had given 4lac 20 thousand to a broker for booking a plot to pay it to seller, from which he spend 2lacs 70 thousand for his personal use without telling me & the seller.  He says that premium amount is to be paid to seller in cash because seller putting the pressure on them, so issue the cheques in favour of me & my partner we wil pay the cash to seller and issue only 50 thousand cheque Account payee in favour of seller. I do the same. From the amount above written he pays the 1Lacs 50 thousand to seller, this comes to my knowledge after 15-20 days when i directly called up the buider office about the status of the plot. They told me that this plot is in cancelled stage and cannot be resumed. The I call the broker to refund my money which I had given to him to pay to the seller. Then he become ignorant and say that this information is not provided to him by the seller. Then I told him to fix the meeting with seller, where seller told me that they are the people(Broker) who had all the information about the plot & Seller become ready to pay me the amount which he had ie. 1 Lac 50 thousand, then only i came to know that they spend the rest amount for their personal use. The broker also assure me to give the money back tro me, he issue me a cheque of 2 Lacs 70 thousand for next month. On the cheque presenting date he called me and said that don't deposit the cheque due to lack of money. Thwy again issue me two cheques on is of current date amounting 50 thousand and other was of balance amount i.e 2lac 20 thousand.  50 thousand amount cheque was get cleared and for the balance amount cheque they start requesting that don't putthis month, deposit in bank after 15 days. when i deposit the 2lac 20 thousand cheque after 15 days by telling them that I am going to deposit in my account. He said that deposit it in the account there is no problem now. But that cheque is get bounced.


1) What can i do now to get my money back from the crooks?

2) How fast is the judgement in these type of cases?

3) Beacuse, I m a middle class person. I don't know the legal procedures
 also.

Now they changed the address of their shop also. They are not giving me their resedential addresses as well as their shop address. only mobile is the medium by which i can communicate to them. Sometimes they don't even pick up the phone also.

 

Kindly suggest me the better wayout to get my money back as soon as possible.

 

regards & thanx in advance

Akshay



Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     28 August 2012

Since it is a cheque bouncing case. you need to send them a legal notice through an advocate within 30 days from the date you received the memo from the bank.

After that, if the broker fails to pay you within 15 days from the date of receiving the notice, then you need to file case against him u/sec. 138 of negotiable instrument act for prosecuting him. similarly, you can also take civil action for recovering your dues.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Akshay (Assistant manager)     06 September 2012

How fast is the judgement in these type of cases? Means how long it will take to finalise the case so that one can get his money back.


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