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cheque stope payment by builder
04-Apr-2024 (In Cheque Bounce Law)
I sold a property to a builder and received a cheque from them during registration. Unfortunately, the cheque bounced because the builder stopped payment on it. Despite sending a recovery notice within 15 days, the builder did not acknowledge it. During this period, I misplaced the original bounced cheque and the bank's bounce memo. Can I still pursue a legal case under Section 138 of the Negotiable Instruments Act against the builder for the bounced cheque?
If you have the Photograph of the Original Bounced Cheque and the Bank's Bounce Memo and If you have the evidence of acknowledgement receipt of the Cheque deposited for encashment, not its photograph, then, you can still file a Cheque Bouncing Case.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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No, you cannot file a case without the original bounced cheque and the original return memo. However, you can still revoke/cancel the sale agreement on account of not receiving money from the builder.
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Adv. Shreyas Jain
Mumbai | 5+ Answers
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