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raj malhotra (M.D)     07 February 2012

Cheques against agreement

respected members....

                                              one person sold me share of his house to me against 10 lacs rupees....i made a agreement but didnt got it registered...it was an unregistered agreement ...the house was jointly on name of that person and his wife...i made half payment in cash and half payment by a/c payee cheques to that ladys account....but i have witnesses for that payment which i made in cash....

later on i came to know tht the house was already mortgaged in some bank...so i contacted tht person and told him tht u have done a fraud wid me....so his wife issued me two cheques of 5 lac each which were fully filled by her and those were post dated cheques....

now i presented those cheques for clearing and both of those cheques bounced with"stop payment" as reason for bouncing....

now im feeling cheated

wht should be my plan of action now.....should i go for civil recovery suit or i shuld go for ni 138 act or i should go wid cheating case....im confused ...wht will be the best and fastest  course of action for recovery of my hard earned money...pls guide me...thanks in advance....


 8 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 February 2012

Only an exper advocate can make case of cheating.

Ni 138 can be filed immediately.

R Trivedi (advocate.dma@gmail.com)     07 February 2012

If the mortgage date is prior to the date of unregistered agreement date, then he has cheated you. For cheating cases the intent has to be proved at the time of dealing. Man/wife knew that there house was mortgaged still they tried to sell it off to you, this is cheating. If what you say is right, then talk to him strictly, he will immediately fall in line. Do not trust him if he issues another cheque, take DD or cash and put it in writing.

raj malhotra (M.D)     07 February 2012

sir, the mortgage is very old as compared to the agreement entered by us....also i have tried to talk to the man and wife but they had broken all lines of contact and even tried to threaten me indirectly...pls help me...wht shuld be my line of action ...pls guide....

R Trivedi (advocate.dma@gmail.com)     08 February 2012

Just approach the Police, tell them the facts and also about his threats. In general such cases take very long to settle and most of the people like you are ultimately interested in getting the money back not to get any punishment for the cheats. Somehow the message must go to him that he has done a wrong and he can be in great trouble.

reeti shah (lawyer)     10 February 2012

Dear sir,

Lodge a complain of cheating before the police.


Adocate Reeti Shah


raj malhotra (M.D)     14 February 2012

i approached the police but they r not taking any complaint...they r saving tht u got cheques against that agreement and now u shuld file case for cheque bounce in court ...and they r saying that only court will recover ur money...we cant help...wht to do now????

R Trivedi (advocate.dma@gmail.com)     14 February 2012

Approach the court under S.156, court will direct the police to investigate. Put it in writing that Police refused to entertain your complaint. Approach the local advocate, he will make an application to court on your behalf.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

Lodge a complaint with police.


If they don't listen move court u/s 156(3)


Shonee Kapoor

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