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real estate company taken post dated chaque by police pressure
25-Aug-2023 (In Cheque Bounce Law)
A (Vice President) With Real Estate Company And Issued Hand Written Receipt Of Cash Which Is Given By Client When Client Ask To Company A/C Status Of Booked Office Space Than Company Says That In Their A/C Books Amount Is Lesser Then That The Client Have A Receipt Of Amount Deposited To Vice President Becouse The Booking Is Given By B To A , Company Pressured To A And B For Settlement And Ask To Deposite This Amount Gap In To The Company Books By Police Pressure Company Made A Settlement Deed, In This First Party Is Company And The Second Paryt Is A, Suggest How B Safe From Sec-138Ni Act<!--EndFragment-->
As per the law, cheque issued under duress or coercion has no validity and similar is the situation with any agreement. However, it is subject to proof and any defence has to be taken up very carefully. The circumstances under which the Settlement Deed was signed and the cheque was issued has to clearly understood before providing any opinion on the degree of safety of B.
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Adv. Bidit Kumar Deka
Delhi | 25+ Answers
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Hi, No one can pressurize you to pay a post dated cheque. Police is for the protection of public. I suggest you to file a complaint against the builder & police personell who pressurized you to handover the post dated cheque. If the police station doesn' t lodge an FIR against these builder & police personell, you may approach the court. For this purpose, you should however consult an advocate. If you want you may also visit my office for more discussion on the legal strategy.
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Adv. Hitesh Jain
Delhi | 100+ Answers
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Mr. A, your querry is not so clear. Please inform whether you have issued any cheque in favour of B of the company and you don't have balance in your account. Secondly, why you are afraid of section 138 of NI Act if you have not issued any cheque. Please clarify the above mentioned points so that you can get appropriate guidance.
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Adv. Brijinder Khurana
Delhi | 100+ Answers
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