• Stop cheque request

Hi Sir, 

Myself S. PRATAP REDDY, I have given Cheque to my plot owner under pressure and next day i have canceled cheque very next day.My builder has demanded extra 1 lakh on registration day which was not part of our agreement.Finally, on Registration day, he refused to sign documents as he is expecting/demanding one lakh for me. As I couldn't take the step backward, I have signed the cheque and handed over to him without mentioning payee name. Next day after that, i.e Tuesday I have requested the bank to stop the cheque. I would like to know legal consequences in this. 
FYI, That cheque number is not being mentioned in any legal documents. It's as simple as it is that plot owner has taken the registration situation as an advantage and demanded one lakh extra.

Please advise me how to proceed on this further. 

Thanks
Pratap Reddy
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

1. If registration is done then your sale is complete.

2. In that event your defence of forceful demand may not stand as he may say that the said amount was to defray the additional interior works.

3. However if he files a case you may anyway will have to contest it.

4. If the registration is done then you lodge complaint with police about forceful taking of cheque.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

1) builder would issue legal notice to you to make payment of Rs 1 lakhs as cheque has been dishonoured on presentation

2)if you fail to make payment within 15 days complaint under section 138 NI would be filed

3) you should contest the cheque bouncing case . apply for and obtain bail

Ajay Sethi
Advocate, Mumbai
96763 Answers
7804 Consultations

Hello,

As such nothing can be done if he goes on to send you a legal notice for clearance of the cheque, usually the legal notice is sent so that the person can go on and file a case under section 138 of NI Act. At this stage nothing can be done on your part, however if he sends you a legal notice you are required to give a prompt reply.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

After issuing stop payment instructions to bank, you should have issued a legal notice to the owner to return the cheque which was procured by him from under pressure to execute the registered sale deed.

This action would certainly save you from any legal action that may be initiated by the owner on any false grounds too.

Even now it is not late, you can demand the return of the instrument given to him and avoid inconvenience at a later stage.

No doubt there is no legally liable debt between you both, but he may create some other false ground to initiate cheque bounce case.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

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