Manish Gupta (Partner) 16 January 2013

Cheques bounced

Sir,

I perchased 2 Plots in Jaipur through Builder, he mada a aggriment with us and we paid full payment. Company was working in Network Marketing Concept.

After some time he faids to give possation of said plots.

When we ask about our money they give us Post Dated Cheques as a Money Return. After that they closed the office and now given chques are bounced.

now we are confused that where should we process the complaint against them, in Consumer Court or Normal Court in Section 138 or we can proceed the case of 420 againsed them

Please advice what will be much benificial for us

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4 Replies

Rahul Kapoor (Legal Enthusiast) 16 January 2013

hello, have u send them 15 day notice for payment ? regards- rahul.gogreen@gmail.com

Chetan Joshi (Advisory/Advocacy) 17 January 2013

For 138-The payee or the holder in due course should have issued a notice in writing to the drawer with in thirty days of the receipt of information by him from the bank regarding the return of cheque as unpaid.

-After the receipt of the said notice by the payee or the holder in due course, the drawer should have failed to pay the cheque amount with in fifteen days of the receipt of the said notice.

You may file a consumer complaint and a civil suit as well...

Regards

Chetan(dot)7679(at)gmail(dot)com

Rajinder Singh Bhalla (Proprietor) 22 January 2013

Filing a civil suit and sending notices at a address which is closed and locked does not serve any purpose. The representation should be made to suggest the govt to bring one criminal case of cheating in such cases. Multiple cases does not serve any purpose.

One should ideally file a consumer case, civil case, cheque bouncing case. Make a complaint to the Economic offences wing as well.

Meanwhile if these have become time barred file a writ petition in High Court saying that they should give adequate guidelines in such cases so that multiplicity of cases can be avoided and relief can be provided in one place.