Stop cheque payment

Now 138 NI Act is attracted. Your only remedy is arriving at a settlement with the seller by PAYING  50,000 RUPEES AS HE ORIGINALLY DEMANDED.

Pay the amount to the seller and very simple ask in writing to him to withdraw the complaint filed against you by filing a petition u/s 147 of NI act

 

No, they are ready to deduct 50,000/ from 2.5 lakh  which  Means I have to pay 2 lakhs unnecessarily because they have not fullfilled ther commitement by doing the remaing works as promised.

My questions is : Since they served me the Lawyer notice after almost 2 months of the memo from the bank where they submitted the cheque, will it attract 138 NI? As per my knowlede, in order to file for 138 NI criminal procedure, the party has to follow certain procedures . One of them is serve the notice within 30 days of the memo from the bank which they failed to do so.  But the cheque has the validity till June 19th.

Please help me out.

Payi t to the seller before any CRIMNIAL case gets moved against you.

If you can prove that the cheque issued is relating to the unfinished works, you can win your case.  Try to collect evidences that consutruction needs some repairs and it is unfinished. Take photographs of unfinished works and produce before the court. Since your case is weak, appoint experienced lawyer. 

Furnish reply to the Notice setting out the facts and asserting that there is no lawful debt; the cheque was issued in anticipation of certain items of work being executed and as the contracter has neglected to carry out the work, the stop memo had been issued.

Thank you for the convincing reply. We had given the reply mentioning the above points though the words were different. 

I feel we wont be weak in proving the same due to the following points,

1) In their notice issued to me they had not mentioned the actual reason why the post dated cheque was given to them. They just mentioned regarding the purchase of the propery. They had not mentined what is the actual amount in the agreement.and how much I paid and what is remaining etc. The cheque was issued on the registration day and the seller had agreed that whatever amount mentioned in the original deed had been recieved and accordingly property registered in my name.

2) The legal notice had been served to me after almonst 2 months of the rejection memo from the bank

3) In the original deed they had hidden one important factor regarding the building number. They had told us that buiding number was not yet obtained and accordingly deed was prepared. After the registration we came to know that the bulding number was issued by the panchayath 2 years back. Now I am facing problem for changing the seller name to my name in the punchayath document as the building number is missing in the deed. (Though this nothing to do with cheque case, I can initiate a cheating case against them)