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Original cheque that bounced is with my advocate and he has colluded
12-Sep-2024 (In Property Law)
I sold my property recently. The buyer at the time of registration issued a cheque of 22 lakhs as final payment. However that cheque bounced. I had given that original cheque to my advocate to file a criminal and civil case. Now my advocate has colluded with the opposite party and not filing any case. It's been 2 months since the cheque bounce. All legal notices were sent. A PCR is filled and sworn statement is pending. Is there a legal way to recover my money?
The original cheque can be submitted to court at the time of your Sworn statement. Your case will not be harmed if Sworn statement is delayed for sometime. You can also file a civil case for cancellation of the sale, but you should be prepared to return the amount that you have already received from buyer.
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Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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By the Negotiable Instruments Act, a legal notice must be dispatched within 30 days from the occurrence of a cheque bounce. Subsequently, the filing of a case must take place within a total of 45 days, comprising the initial 30 days for sending the legal notice and an additional 15 days.
And as per your version there is already 2 month completed so you can’t file case under 138NI act but you can file civil money recovery case in this case.
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Adv. Babita
Bangalore / Bengaluru | 200+ Answers
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