Legal Question in Banking Law in India

My building was undertaken by builder for redevelopment in 2008 under DCR in Mumbai.In March 2016 the rent cheque bounced In April 2016 legal notice was sent by myself and informed dishonour cheque due to A/c blocked in bank because of Income Tax issue the a/c.The freezed In May 2016 in reconciliation meetings the builder called all tenants meeting and assured rent payment by issue of another cheque 06/06/16. I took his stamp on the reconciliation note asking me not to proceeds to court by writing subject to fresh cheque realisations. The 06/06/16 also dishonor due funds insufficient on 08/06/16.He again called through a person who represent all tenant he will give cash by 15/06/16 which he did not give.I have file a case u/s 138 on 12/07/16.

Will my case will be considered as a continuation because I had written in reconciliation note fresh cheque if realised I will not file a case .Is my case within limitations.


Asked on 7/13/16, 11:54 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

14.07.2016

Dear Sir / Madam,

Yes, your case will be treated in continuation.

Regards,

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Answered on 7/13/16, 8:23 pm

All cheques of the same drawer will be clubbed in original suit.

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Answered on 7/14/16, 9:08 am


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