Advocate Yogesh Gopalrao Birajdar

Questions Answered by Advocate Yogesh Gopalrao Birajdar

Q: Cheque bounce date 18/03/19 memo date 13/6/19

Can i send the notice if the memo date is 13/6 and cheque issue date is 18/03/19 does it compulsory that cheque should be valid or 30 days from bank memo

Advocate Yogesh Gopalrao Birajdar answered
kindly note that legal notice should be served within 30 days through Registered Post A.D. from the date of dishonor of cheque. After receipt of of legal notice and failure to pay within 15 days complaint can be filed before concerned JMFC court within a period of 30 days.

Q: Cheated by Builder & developer

Hi, I have been cheated by Builder&developer in Mumbai. I have purchased a land from private builder & developer & have paid him partial amt as agreed. No reg or sale is deed done only agreement is done but have all proof of payment such as bank st&receipt. But since he was not doing any development work I stop paying pending amount. Since then I have tried many time seeking my refund or land which possible but no reply from him. He has given lot of false promise. Then he stopped answer call/sms, blocked me on whatsap. He has also rented his office to some1 else. Then I have approached consumer court & got all my documents submitted but he is not submitting his response to court against my submission & taking new dates. Everytime he buys time & I get next 4 mths dates & already 1.6+ yrs have passed by. Please let me know what alternative options I have to nail him, Can I file police complain in parallel. Is there anyway possible to fast track my case. Or no options for me.

Advocate Yogesh Gopalrao Birajdar answered
You can approach the police authority and file a complaint for cheating. simultaneously, proceeding can be initiated by filing complaint before competent consumer forum for compensation. You can add the bank as a party in the consumer forum proceedings in case if you have obtained loan from any bank.

Q: cheque dishoniured - way to recover funds

sir,nowadays lots of people dishonour cheques & are than avoiding to get it cleared... pls suggest a way or explain what's the law for cheque dishonour ???

Advocate Yogesh Gopalrao Birajdar answered
Legal notice through should be served within 30 days from the date of dishonour of cheque.After the expiry of 15 days from service of notice complaint can be filed before competent court if the cheque is not honored even after service of notice.

Q: convicted in cheque bounce case

hello sir, i am resident of maharashtra, got convicted in 138 case with 2 years and double the cheque amount that is 1614000/-.... i appealed in session court with order to pay 50% of compensation in 1 month... i just wanted to take an advice that is my case with merit or shall i try to make settlement with opposite party? i would like to send my case points so that you may understand the situation...

Advocate Yogesh Gopalrao Birajdar answered
you can challenge the order of the sessions court if you are hopeful to succeed in proving that there was no legally enforceable debt or you can settle the same by depositing certain amount before the appellate court.