Legal Question in Credit and Debt Law in India
I issed a cheque and signed with a condition in MOU that the the other person will encash the cheque after giving me original sale deed. The person did not give the sale deed, but presented the cheque to bank. The cheque bounced and he has sent me a notice. Can I stop him filing a criminal case showing the MOU in court?
2 Answers from Attorneys
Yes you can do this but have you replied to the notice sent to you. ? What plea have you taken in the said notice ? please clarify..Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
24.12.2012
Dear Sir / Madam,
If the cheque amount you signed and issued was the full consideration for the transaction (be it for purchase of land, bungalow or flat), the seller is legally bound to honour the MOU and handover the original Sale deed of the property to you. If he has failed to do so, he cannot file a criminal case of cheque bouncing u/s 138 of the Indian Penal Code against you in Court at the Senapati Bapat Marg Police Station, Gokhale Nagar, Pune since you are protected by the MOU.
If the cheque amount you signed and issued was for part consideration in stages, and the cheque has bounced, you become liable to honour your financial commitment on the cheque you issued, failing which the seller is entitled to -
a) compel you to honour your commitment to purchase as stated in the MOU at the above Police Station;
b) thereafter lodge a cheque bouncing case u/s 138 of the Indian Penal Code in Court against you or;
c) rescind the contract in toto and forfeit the amount(s) you paid on the purchase transaction.
Regards,
FCA Prashant Chavan
Mumbai