Legal Question in Landlord & Tenant Law in India

Cheque Bounce

this is actually on buying a flat in bangalore. 'am a party from B'lore, india. I gave token advance as 25K for flat on basis of '' if i reject, he should refund money within 10 days''. Then, when I rejected the flat, gave me a cheque after a month, worth of 25,000 post dated cheque on 20th July 2009 which recently has bounced and i recieved it on 23rd of July 09 from my bank. now what is the procedure to take the party to law and how effective it is.? whether police FIR will help?. .. i also fear that if i take it to the law, even if my payment has to come .. may not come in cash as he would know that i have gone to the court.. is it really beneficial taking them to court.. how risky is this.. also guide me what to do next now and which lawyer should i approach in B'lore and how much they may charge..?


Asked on 7/09/09, 8:38 am

3 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Cheque Bounce

Well!!! you can proceed under provisions relating to cheque bouncing. The result is speedy as compared to the other cases.

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Answered on 7/10/09, 2:09 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Cheque Bounce

You have so many doubts if we sit and count all of your doubts they may be over 1 lac or so.A person who is too sceptical like you may not even take the advise in confidence.You can meet a lawyer who deals in such cases.

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Answered on 7/09/09, 11:39 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheque Bounce

Keeping the amount in view, it may be better to settle the issue amicably by avoiding litigation.

Police may not register FIR.

You are entitled to initiate criminal prosecution of the drawer as per Section 138 of Negotiable Instruments Act.

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Answered on 7/09/09, 12:50 pm


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