Legal Question in Real Estate Law in India
Cheque bounce case
A real estate owner failed to register a plot for which I paid 6.5 lakhs and he gave me a cheque which is dated in april 25 2008 and bounced in may 2008
Can I raise a case in court now. How much time (maximum time )it would take to settle the issue in court. Please reply back
3 Answers from Attorneys
Re: Cheque bounce case
You can file civil as well as criminal case in the Court by following procedure.
Maximum time for any court case is difficult to predict. However, if you and your lawyer follow the cases rigorously, then you may expect results in a year or two.
Re: Cheque bounce case
Presuming that you have not send any legal notice for the bounced cheque earlier, you can again represent the cheque. If the cheque bounces for insufficiency of funds/stop payment/account closed etc, contact a good advocate for sending a legal notice to him. Please ensure that the legal notice is dispatched within 30 days of receipt of the cheque bouncing intimation. If the recipient does not pay the entire cheque amount within 15 days of receipt of the notice, file a cheque bouncing complaint before the competent court through an advocate.
Re: Cheque bounce case
Your remedy under section 138 of Negotiabl Instruments Act is barred. However, you may present the cheque again and if it is bounced again, you may initate proceedings as per law after giving a notice of demand.
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