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Author Topic: Cancelled cheque : received notice of NI A 138  (Read 447 times)

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Offline Buddheshwar

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Cancelled cheque : received notice of NI A 138
« on: June 11, 2016, 12:55:27 PM »
We purchased a land in Bilaspur(cg).For this deal,  we had word of mouth agreement with broker to pay 1% broker fee (35,000 ru) + security deposit.

To pay this,  we gave him cheque of 75000 ru which consist of
A. broker fee 35000
B. Security deposit of 40,000 if by any reason this land deal gets cancelled from our side.

It was a post dated cheque. Land deal went well,  so we "cancelled the cheque" (bcoz it was having 40000 of deposit component)
We were still ready to pay 35000 as brokrage but Agent is saying he needs 75000 & this whole amount is his commission.

This entire brokrage deal is not documented or having no written agreement.

Broker has filed a case against us under NI 138 act.

Can we consider this whole transaction as Unlawful,  or no legal obligation?? So that the case itself gets dismiss.
Plz help

Offline Advaradhyakirmani

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Re: Cancelled cheque : received notice of NI A 138
« Reply #1 on: July 03, 2016, 11:08:33 PM »
He has a cheque which has not been honoured he has a case, as all evidence of proof of dishonouring a cheque is in his favour.

You on the other had have no evidence.

Court will not go by your innocence or pretty words it needs evidence, which you have none.

being an educated person you are doing dealings without any valid contracts is your fault.

kindly note law states: EVERYONE WHO IS RESIDING IN THE TERRITORY OF INDIA WHETHER CITIZEN OR FOREIGNER IS ASSUMED TO KNOW THE LAW.

hence you taking refuge of not knowing the law will not be of any use to you.

refer the matter to mediation on next date of hearing and settle the matter quickly.

nothing is in your favour
Adv.Aradhya Kirmani
Expert in Civil and criminal laws

 

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