Property cancellation and builder's cheque got bounced

983 votes

the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, [within 15 days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
(d) than you can file a criminal case. but most important is you have to complete this process with in 30 days, and you have to make sure that summons has to be served to the builder with in 15 days , and has to receive that.

Advocate Shabuddin B S LawRato

781 votes

the cheque paid issued by the builder amounts legally payable debt. Cheque is bounced so it attracts sec. 138 of NI Act. Within one month of its bounce you will have to issue legal notice giving time of 15 days to make the cheque amount, other wise within one month from the date of receipt of notice by the builder you will have to file a criminal case against the builder

Advocate Rajeev S Vadrali LawRato

543 votes

I suggest you to first issue a legal notice within 30 days from the date of Bank Memo intimating you about the return of the Cheque. Thereafter you can file a private complaint before the jurisdictional magistrate court under Section 138 of NI Act.

Advocate Jagadish N LawRato