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Ekta (Legal executive)     07 August 2012

Chq bounce - token amount given for purchase of property

Whether token amountRs.1lac cheque given to seller for buying a property be taken for 138 complaint though there was prior intimation for not to deposit the cheque by the buyer as the deal seem to be cancelled by the buyer and there was written communication via email also done for the same?


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 5 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     07 August 2012

Dear Ekta,

This doesn't come under the 138 as the other party has not transferred the property to the buyer. The party may cancel the deal. Thats the best they can do. but cannot file case u/sec. 138.

 

Incase you need any legal opinion you may call on 9324538481.

 

Regards,

Advocate Rohit Dalmia

Mumbai

1 Like

Ekta (Legal executive)     08 August 2012

Then does it come under contract or civil?

R Trivedi (advocate.dma@gmail.com)     10 August 2012

It does not come under anything, if the deal is broken and you have some proof of the same.

Bhaskaran Advocate (Lawyer)     10 August 2012

Why the cheque is with the seller if property dealing has not taken place.   Unless you have an agreement for sale etc in this regard your position could become weak if the seller  maintains that the cheque is given for money lent.

You should also show that you have received a reply email from him favourable to your case.

RAHUL KANSAL 9041629676 (ADVOCATE)     12 August 2012

hellloo ,

                   This does not  come under sec.138 of N.I Act.  but if the complainant  take some other ground and prasent the complaint then it can definitely comes under this act. 


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