recovery of money recovery of money

4 years ago

I paid money to builder for construction of building, against which he had agreed to sale flat at the agreed rate. Accordingly, he he had made an agreement in non-judicial stamp paper. After lapse of time, he did not sale the flat at the agreed rate, but agreed to refund my money with interest by an agreement in non-judicial stamp paper, and issued me cheques. Now I found that there in no money in his bank account. Then please advice me what I have to do now.

Pankaj Kumar Srivastava

Responded 3 years ago

A.Hi, Would be better if you send him a legal notice then take other steps fir,case etc.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi Paul,

Suggest to present the cheque, issue legal notice as per process and file the complaint. As this is clearly a legally enforceable debt, you may have good ground for settlement too.
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Jaswant Singh Katariya

Responded 4 years ago

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A.Dear Client,
You may give notice regarding cheque bounce to the builder under section 138 of the N. I. Act. And file the complaint if the builder don't return the amount within 45 days from the date of bouncing if cheque..
If the time of 45 has lapsed, you may file a suit for recovery.
If the may also file a case in the Consumer court if you have are to use the bulding for his personal use against the builder.
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Shreyash Mohta

Responded 4 years ago

A.You have various alternatives.
1. Issue a legal notice.
once this is done
2. Initiate a 138 NI case (be sure that this case is initiated within 3 months of cheque bounce)
3. File a consumer case for non delivery of flat possession.
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Mrighankhi Chakraborty

Responded 4 years ago

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A.Hello Client,

Firstly lodge an F.I.R against them.
then send them a legal notice through an Advocate.
if they fail to respond or reply then file a case against them.

Thanks & Regards
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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear sir/madam
You may follow the following procedure and you will get your money back.
________________________________________
Cheque bounce FAQs Negotiable Instruments Act
1A. Amended Cheque Bounce Provisions- 143A & 148…what is it?
Ans: Section 143A- It empowers the Court to order the drawer of the cheque to pay Interim Compensation - 20% - Without depositing this amount the accused cannot defend the case.
Section 148 – It empowers the Appellate Court to order payment pending the appeal against conviction
The Appellate Court may order the appellant to deposit an amount which shall be a minimum of 20% of the fine or compensation awarded by the trial Court.
This amount shall be in addition to the amount already paid by the appellant under Section 143A.
It received the assent of the President and was notified in the Official Gazette on 02.08.2018
1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice?

A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred:
a) Place of drawing of the cheque,
b) Address of bank where cheque was presented (holders bank address),
c) Address of bank where cheque is payable (drawers bank address)
d) Place from where notice was received by drawer of cheque

a. It is possible that each of these four acts could have occurred at different localities. The complainant can choose any one the above places to determine jurisdiction of court where they wish to file complaint.

2. What can I do if it has been more than 30 days since I received information of dishonour of cheque?

If the cheque is still valid i.e. 3 months (currently) have not passed from the date of its issue, you can represent the cheque again to your banker as there is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. It may be noted that once a notice for payment is given then the holder must file a complaint under Section 138 N.I. Act within 30 days from expiry of notice period as a fresh cause of action will not arise if the cheque is presented again and it is dishonoured and failure to file complaint will lead to loss of remedy available under Section 138 N.I. Act.

3. How long after notice has been served can I file a case against the drawer?

After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque.

4. What can I do if I do not have the drawer's address?
You need the address of the drawer of cheque to issue notice as contemplated under provisions of N.I. Act; also the address is necessary if you wish to avail other legal remedies available to you. You can send the notice to the last known address. In case the address of the drawer has changed and the drawer has not left a forwarding address and the notice is returned with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then you need to file a complaint case after 15 days (notice period) of receipt of such information or returned notice and within 30 days from expiry of notice period. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque

5. What should I do if the notice was returned and could not be served to the drawer?

When a notice is returned to the sender as unclaimed or with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then the date of receipt of such information or returned notice would be the commencing date for the notice period of 15 days. Complaint case under Section 138 N.I. Act must be filed within 30 days from expiry of notice period. Such reckoning would be without prejudice to the right of the drawer of the cheque to show that he had no knowledge that the notice was brought to his address or previous address.

6. Can Kishan Retd judge Law Chambers assist in drafting of legal notice as required by Section 138 of N.I. Act.?

Yes, Kishan Retd judge law Chambers offers assistance in drafting of legal notice as required by Section 138 of N.I. Act.

7. How long after receiving information of dishonour of cheque do I have to serve notice to the drawer?

You need to serve a legal notice to drawer of cheque demanding payment of cheque amount within 30 days of the receipt of information from your banker regarding dishonour of cheque under Section 138 N.I. Act.

8. What if the cheque was given for a reason other than to discharge a legally enforceable debt or other liability?

In cases where cheque was given for a reason other than to discharge a legally enforceable debt or other liability, the provisions of Section 138 N.I. Act are not applicable e.g. Cheque given as Gift, in charity, donation etc.

9. Can a cheque issued in security attract offence under Section 138 N.I. Act?

With respect to the dishonour of cheques given as security, legal position is not very clear. It is subject to presumption and proof thereof that may be given by either party in support of their case. High Court of Delhi in the case of M/s Datt Enterprises ltd. vs. V.K.Dua held that the security cheque does not attract the provisions of Section 138 N.I. Act., if cheques were given as a security cheque as per past practice and pending reconciliation of accounts and not towards discharge of any liability.

10. What is a legally enforceable debt or other liability?

Legally enforceable debt or other liability should be such which is contracted in accordance with law and which is not opposed to public policy viz., wagering contracts, debt obtained for running brothel or gambling house etc.
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Advocate Simi Paul

Responded 4 years ago

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A.Hi client,
You can send him a well drafted Legal Notice at first. Then if he doesn't respond lodge an F.I.R. . Accordingly file a case by consulting a good advocate.
Thanks and Regards
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Kavery Anand

Responded 4 years ago

A.Dear client immediately issue the legal notice to him .. and file a consumer case against him with huge compensation...
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Vidhi Samaadhaan Vidhi Samaadhaan

Kamakshi G

Responded 4 years ago

A.Immediately send a lawyer notice based on non performance of contract and for cheque bounce.
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