Land purchase - Bounced cheque legal notice

I want to add further that I paid amount to 1st company and possibly 1st company paid cheque to 2nd company which was bounced. Legal notice is sent to me as purchaser of the land.

Until the cheques mentioned in the sale deed are honoured by your bank there is no need to worry, as suggested by you the cheques issued by the agents to their principal must have bounced, however it is to be seen that whether at any point in the said transaction the principal has acknowledged that the 1st company is its agents. Hire a local lawyer and respond to the notice immediately to avoid further complication in the matter.

ur agreement is with the Ist company, u dnt have any relation with the 2nd co., so issue the reply to 2nd co., and counter claim the compensation for issuing wrong notice.

Section 138 criminal action could be taken only against the drawer of the cheque. Unless it is shown that the person could be treated as drawer of the cheque in the eye of law, no criminal action can be instituted against him.

I also doubt whether criminal action u/s 138 can be taken even against 1st  company, though cheque is issued by them, because there seems to be no legal liability of 1st company as the land is purchased by you.

From the version expressed,I doubt both the Ist and 2nd companyies are hands in glove to fix the third party under section 138. As a precautionary measure lodge a complaint with the notice received narrating the incident that you have been cheated by the first company.

These people might be up to something non genuine. The second company was the true and original owner of the said land but you payed the marketing agent who were only promoting the land which makes u the buyer second company the seller and the marketing agents the agents .The main agenda that the court needs to know is that you have made a payment towards the Purchase of land and you may also have bank statements to prove the same.There is nothing to worry You are not liable for the doings of the agent,The principal is that is the First company(Marketing Agents).Either contact the lawyer with the help of contact details given on the legal Notice or hire a local lawyer to respond back.But Dont worry your not liable for anything its very simple just like you presented your case and we understand your not wrong same way the court will...So chill!

Instead of rushing to the court you can settle the issue by talking to the company who issued legal notice under section 138 of the Negotiable instruments act. if it is not working in your way you have remedies both under the civil procedure code and as well civil procedure code. Hence nothing to be worried

 you r the benefitiary and in possession of land in the issue. therefore u may be a coaccused if any criminal proceedings is initiated .

U have sufficient proofs of receipts so dont worry but u have to defend the case and u can also initiate proceedings of 406 and 420 against the 1st company for receiving the full amount and not delivring the same to the real owner for the clear title of ur property.

Regards

adv.kamal.grover@gmail.com

As far the dishonour of the cheque in question is concerned you need not worry about the same since the cheque is not issued by you. Only the drawyer is liable.S.Raveendran Advocate, Coimbatore.9843232568

As you are not the drawer of the cheque, you are not liable for prosecution under N.I.AcT. Coming to the sale transaction, in the sale deed executed by the second company in your favour, they ought have stated that, they have received the entire considearation and have accordingly conveyed the title and  possession of the property to you.

The only option left with the second company, is that they can file a suit for recovery of sale considaration against you. Burden lies on them to prove that, the sale considearation is not received by them. For the acts of his agent you cannot be made laible.