Cancelled booking for flat received cheque but cheque bounced


Dear Sir, I have paid Cash Rs. 650000/- to Colonizer for Booking of Plot. But he failed to Allot a Plot to me & after that he gave me a Cheque for the same. I have deposited the same in my Bank A/c but due to Insufficient Funds Bank Returned Cheque to me. I have not any type of Document (Agreement/Booking Receipts). May I sue/force to pay my Amount (Legally). How can I Prove my Payments.

Answers (4)


60 votes

sir,

i must say you are very lucky that the builder has issued cheque is your favour,

you can easily file criminal complaint under section 138 of N.I act and get the builder/colonizer summoned as accused.

he has to take bail from the court, and you dont have to proof any other documents, as cheque itself is a very big proof.

as per section 139 N.i Act, presumption is always in the favour of the holder.


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246 votes

It is certainly a mistake on your part not to have taken a receipt on giving the cash amount for booking of flat. However if there is any recorded conversation (written e-mails, mails, phone records, etc.) with respect to the transaction which could help bring out the purpose of it would be helpful. If you do not have then it is time you create it. You must then take the legal steps to recover your money by filing a case under section 138 of the Negotiable Instruments Act. You have a time frame to follow under the Act and therefore you must act fast.

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98 votes

Dear Client,

you surely can file case to get your money back, but keep remember, you have to send notice to the colonizer within 15 days after dishonor of cheque.

for further clarification/information you can call/meet me.

Regards,

317 votes

Hello.

Yes you can prove your case legally. First of all cheque in itself is the document which shows payment. I would like to know if you have sent the legal notice or not? If yes, then have you received any response from the other side? As you are saying you don't have any document with you, then you must be having some emails etc. regarding the same.. This could help in corroborating your version.

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