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Bhalchandra R (DYM)     24 September 2015

Cheques issues but not ready to clear

Respected Sir & Madam,

I had invested in one project of real estate developer but somehow it is canceled. I have been given many PDCs toward the refund of my money invested in his project. Some cheques were cleared by him but very diffcultly. Now three cheques are with me.  Out of that one cheque was deposited after the receipt of email clearance from that developer. But the cheque is bounced 8 days back. I am still awaiting to receive bounced cheque & advice note from my bank. Now after intimating to him thru email he is asking me to wait till Nov-15 for entire balance payment. But by then the validity of all these three cheques will be expired. At present with me there is one bounced chque & two other cheques which are not yet deposited in bank.

I have following documents with me :

1]Photo copy of receipt of payment made to him by me. 
2]Photo copy of letter given by me to him for cancelation of our investment since the project is not moving.
3]Various email communication between both of us wherein he is confirming that the amount is due from him. ( but delaying)
4]I also have photo copies of earlier bounced chques & bank's advice note but payment was made by him laterwards only after my regorous follow-up.
5]I have original copy of bounced cheque & bank's advice.

Request your advice :

1]If I wait till Nov-15 as he asked, Can I make legal case if he fails to make the payment. The validity of these cheque will be over in Oct-15 only. 
2]Will email communication between both of us help me legally?
3]Inspite of his email intimation that not to deposit the cheques in bank & wait till Nov-15, can I deposit other two cheque in bank? Will it help me legally if these cheques also bounces.

Thanks

 

 

 

 

 

 



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 1 Replies


(Guest)

since the 2 cheques expire at oct 15, why should you wait till nov 15.? you deposit the cheques. they will surely bounce. and then you have a solid case against the developper. then you first will ask him to pay. if he refused, just sue him.


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