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Author Topic: Cheque bounce case  (Read 2849 times)

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Offline bikseng

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Cheque bounce case
« on: April 20, 2014, 12:38:11 AM »
I paid a promoter Rs. 7.0 lacs as advance against total flat value by cheques. The promoter could not handover my flat within the agreed time as the construction of the building was stopped by the order of court due to title deed litigation which was not disclosed to me by the promoter. On my demand of refund of amount paid to the promoter, he paid me the whole amount by 4 post dated cheques (1 cheque of Rs. 1 lac and balance 3 cheques of Rs. 2 lacs each). Out of 4 cheques, one cheque of Rs. 1 lac got cleared from his bank but the balance cheques got bounced due to insufficient amount in his account. I have already lodged a suit against him under section 420 at Haridevpur Police Station,  Kolkata under which Police Station the promoter resides and I have also filed a suit under section 138 against the bounced cheques thru' my lawyer in Alipore Police Court about 8 months back.

Since the building under construction is in the area of Barrackpore, North 24 Parganas under Titagarh Police Station and I also leave in the same area, should I lodge a suit against the promoter in Titagarh Police station also?  Can I transfer my 138 case from Alipore Police Court to Barrackpore court at this moment? If so, what is the procedure. Please help me by advising  suitably.

Offline bikseng

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Re: Cheque bounce case
« Reply #1 on: May 10, 2014, 10:24:13 PM »
The promoter is not attending the summons issued by the court against 138 case. When can the promoter be arrested by the police?  Should I appeal to High Court for taking action. Kindly help me be advising accordingly.


Offline cherukuriprasad

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Re: Cheque bounce case
« Reply #2 on: May 25, 2014, 07:08:00 PM »
No need to transfer the case. Court takes its own time.  Cause of action arises wherever the cheque is presented. The case is initially admitted based on the cause of action and other issues. So you have jurisdiction already.

Instead you file a case in consumer forum also (showing deficiency of service) but take a different cause of action.

Offline bikseng

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Re: Cheque bounce case
« Reply #3 on: June 09, 2014, 11:20:18 PM »
Since the 138 case is pending at the court, the promoter is now proposing for out of the court settlement thru' Police station and he is willing to pay back my Rs. 6.0 lacs by some installments.

I seek your kind advice whether 138 case will remain pending if I accept any instalment payment from the promoter or I should ask the promoter to settle the matter thru' court only against the case.

Offline bikseng

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Re: Cheque bounce case
« Reply #4 on: July 05, 2014, 11:22:17 PM »
Since my 138 case is still pending at the court, should I accept any part payment from the promoter as he committed to the Police station to make the payment of 6.0 lacs due to me in monthly installments. If I accept the part payment, will there be any effect on 138 case or it will continue at the court.  As my hardearned money is blocked for about 2 years, for which I am facing tremendous financial loss and mental harrassment, can I claim compensation due to this delay? If so, how much amount can be considered by the court during judgement?

Offline Philip1234

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Re: Cheque bounce case
« Reply #5 on: July 23, 2014, 09:19:24 PM »
I think there is no need to transfer the case. Court takes its own time.  Cause of action arises wherever the cheque is presented. The case is initially admitted based on the cause of action and other issues. So you have jurisdiction already , but your lawyer guidance in this matter will be useful .

Definitely try to get some compensation because it caused you financial losses and mental harrasment.


Offline bikseng

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Re: Cheque bounce case
« Reply #6 on: September 05, 2014, 11:27:40 PM »
I filed 138 case against cheque bounce of Rs. 6.0 lacs against a cheat promoter about one and half years back at Alipore Police Court thru' magistrate order. However, the promoter did not pay me within the stipulated notice period and he is also not attending the summons. As I also lodged an FIR at police station u/s 420, the promoter has recently made a cheque payment of Rs. 1.0 lac to me thru' police station, which has got cleared from the bank. Now I am chasing his for balance of Rs. 5.0 lacs which he promised to pay by monthly installments at police station. I have also informed the Commissioner of Police, Kolkata seeking his intervention and help in this regard and have got a response from him that the matter has been forwarded to the Dy. Commissioner of Police for investigation and report. Can you please suggest me how should I proceed further to get refund of my hardearned money?  Will the cases u/s 420 and 138 stand valid till I withdraw these cases or it will continue as usual? please help me by your valued suggestion.

Offline sonali123

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Re: Cheque bounce case
« Reply #7 on: September 14, 2014, 11:46:58 AM »
had you given any money as black??

 

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