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Cheque given by buyer bounced & now he is denying to buy the property


22-Mar-2023 (In Cheque Bounce Law)
sir, we have sell a plot on 5th nov and purchaser gave us a cheque of 50000 as token amount and made agreement with us. now the cheque has been bounced and purchaser is not agreed to buy. so please help me can i file a cheque bounce case against that as per notice earnest money will be fort fitted but that money is in form of cheque. regards dharmender
Answers (3)

Answer #1
652 votes
Yes you may do so. As per the agreement if it's written that he does not buy that property within stipulated time, then you have right to forfeit that earnest money. So by that sense he now owes you that money and you can file a complain u/s 138 of ni. You need to demand money within 30 days from cheque bounce or else this right will go
Answer #2
674 votes
yes you can go for cheque bounce complaint u/s 138/142 ni act, and can forfeit the earnest money. go for a legal notice first mentioning all the details of the agreement in question and the cheque, give him 15 days period for payment then go for complaint within 1 month, ie, 45 days from the date of notice, this is the mandatory procedure as per NI act.
Answer #3
736 votes
Yes you can file the cheque bounce against him by stating that due to default on his part the cheque got bounced and accordingly the agreement be cancelled, now you are authorised to recover the said amount as damage/compensation along with interest.

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