Legal Question in Credit and Debt Law in India
I entered into an agreement with the landlord to develop the land and construct a multistory building thereon, as such according to agreement I have given a cheque of Rs.2,50,000/- to the land lord in consideration thereof, but in the mean time the landlord did not supply me the Original documents relating to the said land as such I could not able to get sanctioned the plan and could not construct the multistory building, mean while the landlord got the aforesaid cheque dishonoured and filed a criminal case U/s. 138 of N.I. Act, am I liable for punishment U/s. 138 of N. I. Act
2 Answers from Attorneys
no
it is a contract and if he did not fulfill the terms then u r not liable for dishonour.
Regards
the landlord has to prove that the cheque was given towards the discharge of a legally enforceable contract or liability. in your case, you may defend your case and if need be file a petition before the high court for quashing the complaint.
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