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Stopped payment of cheque because house owner is not complying


26-Mar-2023 (In Cheque Bounce Law)

Stopped the payment of a cheque (Because house seller is not giving us advance payment agreement) and also sent a notice to the owner. My questions are; 1. Can the owner file a cheque dishonour case on me under section 138; even though I have sent the notice before the date written on cheque ( cheque date:05-apr-2016)? 2. If yes then what should I do now to protect myself from this case? 3. Am I liable to pay the amount; even though they're responsible for everything? At this moment, I really need an expert's advice because it can totally spoil my future because i'm just 27 years old now.

Answers (3)

Answer #1
733 votes
dont worry there is no need to worry because one of the most important thing is that you just make it clear that its just security cheque and second thing is that when you already mention the date on that just beacuse of that there is noneed to worry . so your future willnot spoil be relax he will not do anything if he will case no need to worry .
jagdeep pal singh randhawa
Answer #2
897 votes
There are a few complications in the matter as you just said here. Do you mean to say that you enetered into an agreement to purchase a property and you paid the token amount and now you are not in possession of the agreement. if its the case , there is some problem, because you dont have a proof of the payments you made already and further the cheque you issued to them. However, you did the right thing when you issued legal notice to them and made them alert to not to present cheque for encashment. I shall advise you to file a civil suit stopping them to present the cheque and also directing them to hand it over to you and some other relevant reliefs in the suit. you are not liable to pay the amount of cheque to them, the deal of purchase has not taken place as yet and you dont have any liabilty to pay any money .
Answer #3
645 votes
To check your liability in CD cases the person to whom u have issued cheque should be able to show that cheque was repayment of a debt owned by to the payee of cheque case. Otherwise the court should not take cognizance. In notice sent you ahve specified fact no debt is due as it is business transaction.

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