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Amit K (Engineer)     15 August 2011

Post dated cheque bounced

Hello Everybody,

I want to purchase a resale property. So, I asked property owner to give the documents for legal verification.

My owner asked me to give some amount ( bayaanaa ) Rs. 1,50,000/- in advance then he gave me the documents.

I have given a cheque without date & asked him do not deposit the cheque until all documents are verified by lawyer.

He waited till 10 days & then he deposited the cheque without my knowledge & the cheque is bounced. After that I have requested bank to stop the payment for that cheque(After bouncing the cheque). 

Now, I came to know that the owner does not sufficient legal documents to sale his property.

But he is telling me that take the property (with insufficient documents) or he will file a case against me for bouncing the cheque.

Now, what I have to do ? how to get rid of it legally?

 

Thanks,

Amit K

 

 

Thanks,

Amit



Learning

 16 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 August 2011

Let him first give notice than file case for which no of impediments have to crossed. Need not worry for any NI 138 case but be careful while replying any notice.

Amit K (Engineer)     16 August 2011

First of all Thank you very much for your reply.

How can I prove that I have bounced the cheque because, he is not giving me the sufficient

documents ? 

Also, I gave him the cheque without putting the date. He added the date on cheque without my knowledge or

any intimation that he is going to deposit the cheque. so I don't have sufficient funds in my account.

 

Now, if he gave me notice then what reply I have to give ?

Thanks,

Amit 

Amit K (Engineer)     16 August 2011

also, I gave the cheque as security & told him many times not to deposit the cheque until all documents are cleared but he deposited the cheque.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 August 2011

There are simpler methods to win any NI 138 case , take care from day one.

Ankit @mka.asr (Prop)     16 August 2011

Dear JSDN,

I have same problem as i am also facing case under NI 138 in court. How important is section 139 in case. My Lawyer is saying that while considering section 139 Judges assume that if cheque is bounced with insufficient funds then  cheque was issued for discharge of debt. or liability. How important is preassumption of Judges for making decisions?

Ankit @mka.asr (Prop)     16 August 2011

Dear JSDN,

Details of my case is ,

 

1. In 2005 i have given 1 cheque to friend of my brother. That person is working as property dealer. Actually this postdated cheque was given by me as security. After 3-4 days i changed my mind to purchase that property.

I asked that person to return my cheque as am not intersted. He tried to insist me alot to purchase but i denied. He told me that cheque is misplaced somewhere. But later  he had sent me notice from Lawyer to claim 1 lac( which he already got from me). I didn't receive notice. Later he sent us registered post and we received it.

2.When that person told me that cheque is lost then i gave application to Banak Manager for stop payment of ful series of 10 cheques although i gave him 1 cheque only. I have never used rest 9 cheques after that. I have that Stop Payment certificate issued by Bank Manager, Statement showing bank charges for stop payment of 10 cheques also. I made stop payment before cheque bouncing.

3. Cheque was produced in my bank on 4th March 2005 date mentioned on Memo of cheque bouncing is 3rd March 2005.  The lawyer of petitioner is saying that its clerical mistake by bank. Petitioner didn't inform my bank about this clerical mistake.

4. Petitioner is claiming this amount as according to him this money was given to me as Friendly loan to construct my office (office address mentioned ). My office is rented property and i am not ownwer of the property.

5. After 6 years in 2011 bank officer has come for witness ( after almost 15 summons by judge) . He said that when bank gets cheque from party then ist they check funds in account. If its short of funds then they tick 1. Short of funds 2. Stop payment (in my case). But bank didn't tick Stop payment clause in Memo.

Statement of Complainant in court:

1.Complainant has admitted in his statement that he knows one bank official ( my bank branch) and that bank official has business relationship with him. 

2. He also gave statement that its Friendly Loan to me  for Construction of my office. My office is rented property and interior was done with Bank Loan of Rs 2 Lac from any other bank. I have Loan Payment papers also.

3. As at the time of Petition filing in court Complainant was not financially sound so he admitted court that 70% Loan amount was pooled by his father. His father didn't appear in court at all for his witness.

4. One of  Official in my Bank is his business associate.


I have given my written statement and now Lawyer of petitioner will cross question me in next date.

Amit K (Engineer)     16 August 2011

What care I have to take ?

any help will be appreciated.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 August 2011

Please give all the papers that is  1) notice 2) complaint 3) bank sllps for proper advice in the matter.

Please note that in all NI 138 cases guilt is presumed since cheque is from your account and you have signed it , but  you can come out of it safely by playing with various technicalities.

Ankit @mka.asr (Prop)     16 August 2011

Dear JSDN,

Please check details of my case above and advice accordingly.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 August 2011

Please give all papers , you can come out of any NI 138 case.

Amit K (Engineer)     17 August 2011

I don't have the legal papers as follows, It was the Mutual understanding between me & house owner. Later it turn to very bad situation.

1) notice - No legal document.

2) complaint -  I have not filed any complaint till now.

3) bank sllps - I have the photo copy of cheque that I have issued him.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 August 2011

It seems that case is not filed against you , if filed you will get court notice with copy of complaint and prior to that the party will issue notice. I am asking for all those documents.

Amit K (Engineer)     17 August 2011

Yes right now, the case is not filed against me. if filed I will come back with all the documents.

& I will reply back on this same forum. 

also, please let me know your contact details to give all the documents ( if case is filed in future ) or give me your e-mail id

I will contact you on that e-mail id.

Thank you very much for your cooperation & valuable suggestions.

Ashwin Kumar Ballari (PVT)     17 August 2011

Hi Amit,

If he is forcing you to purchase the property which he is not absolute owner you can ask for an proper paper through your lawyer (document of property and katha for 13 years. and provide one notice to all the parties interested in that property for NOC). The Real Owner of the property will interfere hence he will be in problem. you can easily come out of it if he file a complaint on cheque bounce case you will have valid reason and at the same time you have an option of filing the 420 case on him for misrepresentation, Fraud & cheating.


 


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