Can a case be filled for cheque bounce

893 votes

Yes if cheque r valid uncan file a case against the builder and recovery the same amount and punishment them accordingly. Or u can file a consumer complaint for harassment and mental angony to compassion

Advocate Akhil Verma LawRato

520 votes

If you make stop payments of the cheques, he is entitled to file cheque bounce case against you.
I understand that he has cheated you and sold the flat at a higher price, for which the builder may have his own reasons.
Whether you can get back your 8 lacs is to considered by having a look at all your documents.

Advocate Vishal Saxena LawRato

669 votes

A signed cheque in possession of the builder can be misused by him. But under no fear you can stop the payment of that cheque by requesting the same in your bank. Whereas, even if a frivolous case is filled it will hold no legs to stand on.
Also for further legal protection, you can immediately send a legal notice for cancellation of the oral agreement between both the parties and asking return of your cheque handover to the builder in good faith.

Advocate Rohit Khurana LawRato

705 votes

Legally he can drop the cheque with his banker, you write him and ask him not to present the cheque for the price issue and get it stopped by your banker. In case of the dispute you can come out of this one the strength of your mails and letters to him.

Advocate Soumitra Chatterjee LawRato

765 votes

In the Supreme Court judgment Rangapappa vs. Sri Mohan , (2010) 11 SCC 441, it has been held that Section 138 of the Negotiable Instruments Act, 1881 can indeed be attracted when a cheque is dishonoured on account of "stop payment" instructions sent by the drawer to his bank in respect of a post dated cheque, irrespective of the insufficiency of funds in the account.

Further, in the case of Goaplast (P) Ltd. vs. Chico Ursula D' Souza, (2003) 3 SCC 232, the Supreme Court also referred to Section 139 of the Act and held that it has to be presumed that a cheque is issued in discharge of any debt or other liability. Once a cheque has been issued by the drawer and merely because the drawer issued a notice to the drawee or to the bank for stoppage of payment it will not preclude an action under Section 138 of the Act by the drawee or the holder of the cheque in due course.

Therefore, the principle laid down by the Supreme Court in terms of "stop payment" instructions by the drawer is that even in these cases an offence under Section 138 of the Act could be made out. Therefore, inspite of the fact that stop payment instructions have been issued by the drawer, if the cheque is presented by the payee in the bank and if it is dishonoured, the offence of cheque bounce may still be made out in this case.

Further, another course of action that can also be taken by you is to get an FIR registered against the Seller and the broker (if any) for cheating and criminal breach of trust under Section 409, 415 and 420 of the Indian Penal Code .

Advocate Srishti Banerjee LawRato