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Cheque bounce and fraud done how to get money back


24-Apr-2023 (In Cheque Bounce Law)
Respected sir, I had given 12 lakh rupees to a person for a deal of purchasing his house. Now he is not selling me his house nor he is giving me the money back. But he had given me the cheques signed by him and amount also filled by him of amount 12 lakhs completely. Now the cheques are dishonoured from the bank with memo stating "Insufficient funds" in his account. Important thing is that I do not have any written agreement or statement that there was a deal between us regarding purchasing his house. Can I file a case under Negotiable Instruments act 1881, under section 138 against him? Another important thing, can this transaction be said as a legal liability or debt because I had not given him this money as a gift as stated in the NI act 1881, sec 138. He is claiming that he had taken this money from me on 10% interest which is absolutely wrong. Out of 12 lakh, 7,30,000 transfered through bank in his account and 7,70,000 cash paid Are there any chances for me to get my money back?
Answers (2)

Answer #1
711 votes
YES YOU CAN FILE COMPLAIN AS PER NI ACT 1881. ITS ENOUGH THAT U HAVE TRANSFERRED RS. 730000 TO HIS ACCOUNT. AS PER ACT YOU HAD GIVEN HIM SOME MONEY AND AS PER LATEST JUDGMENT ONLY SIGNATURE IS MUST FOR NEGOTIABLE IT IS READY TO PROVE CASE
Answer #2
839 votes
U can do the case under sec 138, and sec 420, as what u have given cash go through case under sec 420 and which u have given by bank that u can in case 138 as I think he have done fraud with so go with criminal case .

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