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How to recover amount when cheque payment is stopped by the party
11-Jan-2023 (In Cheque Bounce Law)
I Hindu 38 years from Thane city Maharashtra have purchased illegal flat and notarized documents of sale agreement from seller Mr. A & Mrs.A by 2011. They made and handover to me fabricated documents of flat at the time of possession unknowingly i taken documents.But in 2014 i received notice from bank of home loan balance on same flat. i approached seller and made payments to bank by RTGS for avoiding auction of as original documents was with bank of same flat and obtained original documents of same flat. now i have no. of Two documents of One flat. After some time i demanded of RTGS payment from Mr. A & Mrs. A they avoiding me.then i made application to police Station. In Police Station dispute settled through Police Officers Mr. A gave me in writing in papers of Police logged book and PDC (2) cheques of RTGS amount in front of police officers. when i deposited first cheque i received reason that Payment stopped by party. so what is should do now.
You will have a cheating, breach of trust and forgery case Mr A and Mrs A. One should not accept the cheques in the police station, as in future, accused will take the defence that the cheques were issued under pressure. And if you are saying that bank has given you all original documents of the same flat, than now you have the possession in the property.
Your case requires a details discussion and your case is on merits so there are all chances of success. Please contact
Your case requires a details discussion and your case is on merits so there are all chances of success. Please contact
Helpful?
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Sir,
you can file a private complaint against the dishonor of cheque. simultaneously a civil suit before appropriate civil court or consumer redressal forum for damages for refund of amount and interest as well you can also file a complaint. A police complaint can also be filed after issuing a legal notice and thereafter a private complaint before a Judicial Magistrate for cheating, fraud and breach of contract.
you can file a private complaint against the dishonor of cheque. simultaneously a civil suit before appropriate civil court or consumer redressal forum for damages for refund of amount and interest as well you can also file a complaint. A police complaint can also be filed after issuing a legal notice and thereafter a private complaint before a Judicial Magistrate for cheating, fraud and breach of contract.
Helpful?
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Adv. Amit R Kukreja
Mumbai | 25+ Answers
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From when the cheque bounced, you have 30 days to send them a legal notice under Section 138 of the Negotiable Instruments Act. After the notice if they still do not repay the amount you are entitled to file a complaint in the Magistrates Court for the same.
Helpful?
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Adv. Lakshmi Raman
Mumbai | 25+ Answers
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