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Yashwant ray   26 October 2023

For property i gave money now not the property or money received to me, but i have one cheque now

On January 2022, I saw a land to buy and after that the person who was selling the property but he was not the owner, he was a property broker who had an agreement with the owner that he would sell the land. After knowing this, I paid Rs. 50000 to that person. Gave it in cash on the same land itself. Then on his request, within a few days in January, I gave 4 lakhs in her account through RTGS, then on his request in September, I gave 20,000 more to his son account through UPI. After that, I asked him to get that property registered to me. He kept making excuses and then I did not get that property, then I told him in August 2023 that I do not want that land, please return my money to me, but he kept making excuses in that too, till now I have given him Rs 470000. This month in October, he told me he gave me back the money and for same On October 2, he gave a check in which the amount of Rs. 470000 was written and his signature is on the check, but he has neither put the date nor the name of the person in whose account the amount is to be transferred because he had said that now this amount not in his account. As soon as my money comes into his account, than i put the date and name on this cheque, in whose account the amount is to be transferred and deposit this check in the bank, but now what has happened is that Gangster Act has been imposed against him. But how is the legal matter involved and the reason why he is trying to close the case and the reason why he says that he has not received the amount yet, so please give me some more time. I have the check given by him and also a video of the day when he was giving me the cheque. Now I want to know what can I do to get the money back from him in this situation and what are the remedies.



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 3 Replies

Advocate Bhartesh goyal (advocate)     26 October 2023

Fill the cheque and deposite it in your bank for collection of cheque amount.if cheque returns unpaid then issue him legal notice and demand cheque amount and thereafter file complaint against him u/sec 138 of N.I.Act and simultaneously lodge FIR against him for offence of cheating  committed by him.

T. Kalaiselvan, Advocate (Advocate)     26 October 2023

You can initiate action as suggested by learned senior advocate Shri Dr.JC Vashista sir.

Siddhi   27 October 2023

Yes. You write the name and date and deposit the cheque. It will bounce and will result in offence u/s 138 of Negotiable Instrument. File criminal case if he fails to pay after 30days notice. There's a catch you have to prove he issued cheque to repay money he owed to you so put the correct name.

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