Legal Question in Criminal Law in India

i have an agreement with seller for RS 83 lakhs for a flat i have purchased from him . i have issued an guarantor cheque for rs 64 lakhs which should not be used is mentioned in the agreement. meanwhile i have made payments through bank almost 48 lakhs and the balance amount payable is also ready to be paid , meanwhile the seller tried to misuse my cheque , anticipating such action i have issued stop payment to the cheque . can they take criminal action against me or they can arrest me in the court of law.


Asked on 5/31/14, 4:15 am

2 Answers from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

do you have a receipt of the 64 lakh chq given and is it stated that it is a guarantor chq??. Please send them a letter stating that the chq shld not be presented in the bank without your consent. for clarifications contact 9312411481

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Answered on 5/31/14, 4:25 am
Vishwa Arya Arya & Co.

first of all, please note that dishonour of cheque is a bailable offence. One cannot be arrested in this offence, But you must appear in the court if called for and contest the matter.

If your agreement says that cheque is towards guarantee and after the date of agreement you have already paid 48 and are ready to pay the balance then also no case of dishonour would be made out. In case, he deposits the cheque of 64 and the same obviously get dishonoured, he will have to issue you a legal notice. So, you must respond to that legal notice and say that the cheque was towards guarantee and could not have been deposited. At that stage also if you pay the balance then also no case would be made out.

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Answered on 5/31/14, 5:01 am


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