agapi (doctor) 12 June 2009

serious cheating to a foreigner! help required

Hello Everybody!

Let me explain you my problem in details....

I was interested in purchasing one flat and have given 8.5 lacs rupees in cash to a person in january,2007. There was an agreement for sale signed by me and that person. In March,2007, I went for the registration of that flat. I was shocked when I was informed that that flat did not belong to the person who had signed the agreement for sale.

I went to that person's home and he told me sorry and requested me not to give him before police citing his aged father would suffer and had given me one cheque of 8.5 lacs rupees payable in august,2009. And he also promised me that he will pay me 18% p.a. interest for this delay.

I returned him the agreement for sale after obtaining the cheques.

Now, I have verified recently that that person has a few thousand rupees in his account which means the cheque will bounce if I will deposit it.

My question: If I have no documents except one cheque, is it possible for me to get justice from Indian court?

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3 Replies

Amarjeet yadav (Advocate) 13 June 2009

yes, mr. agapi u can use that instrument and call that person into the court and recover your amount. Our supreme court discussed this issue in many of its judgemants and it is held that if u have the cheque itself make ur case strong. so don't worry and snd that man a legal notice to recover ur amount

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agapi (doctor) 13 June 2009

Thanks a lot for your kind help to me to understand the legal position. Can you please confirm me one more thing---- What will I have to tell the court regarding the reason of getting this cheque? I have no more documents than this cheque, I have returned the agreement and right now I can ofcourse submit this cheque to my account and most probably can get the 'insufficient funds' stamp but I cannot prove that I got this cheque from the drawer towards clearing his debt or liability. Please tell me the exact scenario of law---- because I have to come to India to file and to proceed. Thank you once again.

Amarjeet yadav (Advocate) 14 June 2009

mr. agapi, after getting the memo from the bank u send a legal notice through ur advocate and narrate the same fact into that legal notice that how u did agreement and how u returned the agreement and got the cheque in return of that.

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