Legal Question in Criminal Law in

Jan-2010, I have paid Rs 2, 24,000/- for 10% advance money to purchase a flat & I got a Sale Agreement on Rs 100/- Stamp Paper. As per the agreement we should done this deal within 60 days of agreement. But due to some reason flat owner could not arrange money to close his homeloan on that property & this deal could not materialize. He issued me a Cheque on March 23, 2010 of Rs. 2, 34,000/- (including Rs.10, 000 as penalty) for dated June, 10 2010.He returned me Rs 1,10,000 in two part but now his intension is not to return my rest money as he said clearly. He sold that flat to someone else. I deposited that Cheque on June 10th & Cheque got bounced back reason insufficient fund again I deposited that Cheque on July 1st & again that bounced with the same reason � insufficient fund. I sent a legal notice on 5th Aug, 2010 through a lawyer which he received & ignored & told me that he will not pay my money. Now I am planning to case against him under sec 138 NIA.I do not have any other legal proof other than that sale agreement which I got at the time of agreement. Please let me know can I win this case also can I file sec 420 along with Sec 138 NIA ?

Asked on 8/30/10, 2:06 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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sale agreement is a sufficient proof and apart from complaint u/s 138, you may also file a suit for recovery against him under order 37 of civil procedure code as it is a summary procedure for recovery of your money. this is also a case of cheating as the seller himself was not the owner at the time of sale then how can he accept the earnest money. it was the bank who had a lien on the property. 420 is made out.

Answered on 8/30/10, 10:48 pm

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