Legal Question in Real Estate Law in India
continuation from last discussion with prashant chavan. the cheque is just 2 lac, but the amount of flat is 12 lac. what about the other amount, which section will apply for other amount, and how many days will section 138 will be cleared, will it take more than 6 months.
2 Answers from Attorneys
you will be entitled to the cheque amount only unless the accused compromises the matter and agrees to pay the entire outstanding amount which seem to be improbable. For the remaining amount you can file a civil suit it it is an admitted amount then a summary suit will be filed otherwise a suit for recovery.
21.03.2014
Dear Sir / Madam,
Courts at times pass judgements to the effect that the defaulting Drawer on a
"Cheque bouncing" case filed under Section 138 of the Negotiable Instruments Act has to pay twice the amount of the cheque to the Drawee. Such cases are usually required to be heard and resolved by the Court within 3 months of their filing.
Regards,
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