Suryakant Mahamuni 10 August 2017

Cheque bounce by land developer/builder

land purchase deal from builder & deal cancel due to delay to handover, builder given cheque.aftwr it's get bounce 2 time, I given demand notice within 1 week, but not lodge complaint in court under negotiate instruments act within 3 month.now it's 18 month late (from chq.bounce date).
now what I do,please suggest.

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5 Replies

Azhagananth (Lawyer) 10 August 2017

Section 142(b) in The Negotiable Instruments Act, 1881

(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:

[Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.]

So as per the above section, you may file a case showing reasonable cause for such delay and need not waste any more time, rush to local Lawyer at earliest..

Advocate Bhartesh goyal (advocate) 10 August 2017

It seems that due to your negligence and carelessness complaint could not be filed within prescribe period,now chances very least.

Nitish Banka (lawyer) 10 August 2017

If you have not filed complaint under negotiable instruments act, then go for civil recovery suit.

For more details you may discuss your case further

Regards,

Adv. Nitish Banka

9891549997

Kamlesh Dayma (Advocate) 10 August 2017

Within 3 months from date of issue of cheque you can deposit as many time in Bank .

IF 3 month is not passed after issuing the cheque then you deposit once again the dishonoured cheque in Bank and after it is dishonored give one more time legal Notice U/s. 138 of Negotiable INstruments Act and then file Complaint before Hon'ble Metropolitan Magistrate Court after 15 days of issuing Notice.

For further detail you may contact me.

Regards,

Adv. Kamlesh Dayma

7506468678

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 12 August 2017

Your chances are slim under NI-138, which is a section with criminal implications. But that section is no more available to you. But you can file a civil suit.