270+ Lawyers are online 
Stop cheque in bank and send legal notice to party for non payment due
25-Oct-2023 (In Cheque Bounce Law)
i have give cheque for plant buy agreement. but first part cheat me bcoz at time on sell agreement write that if any previous payment pending and legal issue any before by its our responsibility. but he sell me and not paid previous electricity bill of 3 lakh. in that case i have stop my cheque in bank and send notice to party. i have stop the cheque payment bank bcoz u do not paid old electricity bill due this my electricity connection cut by department. so plz paid that bill and give noc and collect your due money. before that do not use that cheque in bank bcoz we already stop that payment
Referring to your issue in relation to dishonour of cheque, your position is vulnerable to dishonour of cheque in lieu of Section 13(b) of NIA, 1883 and a Supreme Court Case- M/s Electronics Trade & Technology Development Corpn. Ltd. Secunderabad v. M/s. Indian Technologist Engineers (Electronics) Pvt Ltd irrespective of the reason- payment stopped by drawer unintended in Section 138 of NIA, 1883.
Alternatively, in your case, the seller failed to discharge the property from all encumbrances (unpaid electricity bill of Rs 3 lakhs) before entering into an agreement for sale is a preventing event on which the contract is to take effect therefore, you can rescind the contract and recover the compensation for any loss incur by non performance in lieu of section 53 of the Indian Contract Act, 1872.
I would recommend sending the letter for breach of contract. It will strong your position at the time of defense and you may file suit for compensatory damages.
Alternatively, in your case, the seller failed to discharge the property from all encumbrances (unpaid electricity bill of Rs 3 lakhs) before entering into an agreement for sale is a preventing event on which the contract is to take effect therefore, you can rescind the contract and recover the compensation for any loss incur by non performance in lieu of section 53 of the Indian Contract Act, 1872.
I would recommend sending the letter for breach of contract. It will strong your position at the time of defense and you may file suit for compensatory damages.
Helpful?
29+
29+
Adv. Mayur Gautam
Jaipur | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Cheque Bounce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
