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Cancellation Of Sale Agreement Payment Cheque Bounced
07-May-2023 (In Cheque Bounce Law)
As I had gone to purchase property and paid 16.5 lacs to builder (5 lacs cheque and 11.5 lacs in cash) , the deal was cancelled and we gone with the cancellation of Sale agreement.in that time the builder gave me cheque of 13.5 lacs and balance 3 lacs cheque given by another person in name of my family member, cheque detail mention in cancel agreement now both cheques has bounced so can i send demand notice to the third person whom cheque detail is mentioned in agreement?is there any legal issues on payment of huge of amount in cash which we gave withdrawal from our bank accounts,while we going to file a cheque bounce case against them?
hello client as you are saying the cheque got bounced there are 2 cheques .
these cheque are issued agaisnt the cancellarion of the property agrrement which you have purchased at the coat of 16.5 lack rupees . in this matter you can get back your money from the person who have given you the cheque . with the help of the court you can reconver you money but it need a good criminal advocate for this case.
these cheque are issued agaisnt the cancellarion of the property agrrement which you have purchased at the coat of 16.5 lack rupees . in this matter you can get back your money from the person who have given you the cheque . with the help of the court you can reconver you money but it need a good criminal advocate for this case.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Cheque bounce law is very clear, only the signatory of the cheque can be made the accused. You are request to only send demand notice to accused and later array the signatory of cheque only as the accused,this is because in later stage they can file a discharge application or move a revision against the summoning order and this delays the entire proceedings. Yes, you can include the third party or any other people involved if you wish to take criminal proceedings by way of FIR under section 420,406 IPC against them.
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you need to consult a good lawyer who deals in civil and Criminal law both. you can dial Double Nine one zero eight four five eight zero six. After seeing the agreement I can tell you whether you can proceed further under section 138 nI Act or not.
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Adv. Deepak K Bansal
Delhi | 25+ Answers
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