• Agricultural land sold twice by original land owner

Dear Sir,

We have bought 3 acre 30 guntas of Agricultural land from one person in the year 2003 by Agreement of Sale coupled with Interest and Registered General Power of attorney by paying 50 lakh in the year 2003 itself. We too have the receipts for payments made.

Due to some government case on several villages sy nos. we could not able to register the agricultural property from the seller. However he has given all the original documents and also the physical possession of the land by taking the entire sale consideration amount.

In the year 2014 (after 10 years ) he has started harassing us to pay money saying he will be going the cancel the Registered GPA executed in the year 2003.

Then we have approached the civil court and got TI granted from cancelling or revoking the GPA dated [deleted] till pending disposal of the suit on 07/01/2015 and the same has gone to the notice of the original land owner.

Shockingly in the month of March,2017 he has sold the same land to one more person (with the strength of RTC) that too for a bare total consideration of 18 lakhs whereas the government value itself is more then 70 lakhs per acre.

Then we have filled a PCR in court with sections 420,407,418,471,406,415,468 U/s 34 ,120B) and court has accepted our PCR and referred the matter to Jurisdictional Police for investigation in the month of Jan,2018.

Now after the gap of 6 months we come to know that Police are preparing "B" report saying the matter as Civil in Nature.

Kindly advise what we need to do at this point of time. 
Whether the above referred matter comes in Civil matter or criminal matter.
Asked 1 year ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu

This is a clear criminal case the seller has cheated you and breached the agreement between you and seller and further caused the breach of the trust.

In case police files B report file an application before court objecting the B report and asking for the re-investigation by the other agency in the matter. Further it is upon the Court to Accept the B summary report of police.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

Dear Client,

File protest against the police report as B Report same will be file in connivance of accused. Clear case of cheating and forgery against seller and buyer.

Also file contempt.

Property is in your active/actual possession, Why u worry.

Irrevocable POA can be revoked unilaterally, and by court order only, and till POA is effective, no harm, as by virtue of sec 202 of Indian Contract Act.

Your security interest in the property will prevail.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

Both civil and criminal proceedings are maintainable

2) criminal prosecution is for punishment

3) if closure report is filed you can file protest petition in trial court seeking further investigations by police

4) court can reject closure report

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

1. 'B' report is the charge sheet in parlance. It is the closure report and can not be taken with the context of 'false' report.

2. After B report filed, you will have time to file your objections via protest petition.

3. It is up to the court to reject the 'B' report submitted by IO. if court find that a prime facie case is made out then court can proceed ahead.

4. Also, Court may order for the case to be re-investigated by other officer.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

You have th file civil suit to set aside sale of land to third party

2) you can in alternative amend the suit filed by you and add purchaser party tjsuit proceedings

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

Your case is a fit case for initiation of both civil as well as criminal proceedings against the person who has defrauded you.

If police has submitted B report you'll have to challenge it by filing protest petition then it would be at the discretion of the judge to decide whether to accept the B report or not.

Siddharth Jain
Advocate, New Delhi
5326 Answers
59 Consultations

5.0 on 5.0

Registered GPA coupled with interest cannot revoked, the said GPA is valid as per u/s 202 of Contract Act. With regard to recent sale deed cannot stand in the eye of law, you can get permanent relief in the civil matter only by cancellation of the said subsequent sale deed before jurisdictional civil court. Criminal case is only for punishment for their offences only. Before the year 2011 GPA transactions are valid even today. I herewith produces one citation, it will help you. "Hardip Kaur vs Kailash & Anr. on 18 May, 2012" , kindly read in detail the said citation. All the best.

C. V. Jadhav
Advocate, Bangalore
543 Answers
17 Consultations

4.7 on 5.0

Dear Sir,

It is both civil and criminal case. Claim adverse possession in civil case. You have perfected your title by way of adverse possession. If police file B Report then file objections before the Magistrate. If magistrate accepts B Report then approach High Court. You cannot be evicted without recourse to law that is they must file suit for recovery of possession.

=========================================================================================

ADVERSE POSSESSION

There are many judgments and the recent one is as follows:

======================================================================

Protest within 12 years or lose property to squatter

======================================================================

ONE THE ABOVE FORMULA THE OPPOSITE PARTY LOSE ITS CASE.

If a person does not protest someone illegally occupying his property for 12 years, then the squatter would get ownership rights over that property, the Supreme Court has ruled.

A bench of Justices R K Agrawal and A M Sapre said if a person proved actual, peaceful and uninterrupted possession of a property owned by another for more than 12 years, “a case of adverse possession can be held to be made out which, in turn, results in depriving the true owner of his ownership rights in the property and vests ownership rights of the property in the person who claims it”.

However, the bench put in a caveat by ruling that such a person (squatter) must necessarily first admit ownership of the true owner over the property and make the true owner a party to the suit before a court for claiming ownership over the property through adverse possession.

This ruling came in a case where a Muslim man had claimed ownership over a property through adverse possession in Jalgaon of Maharashtra. He had attempted to advance the plea of adverse possession to claim ownership rights over the property, which was inherited by a Muslim woman after the death of her father.

Setting aside a Bombay high court order in favour of the man, the SC bench said, “When both courts below held and, in our view rightly, that the defendant has failed to prove the plea of adverse possession, then such concurrent finding of fact was unimpeachable and binding on the HC. The HC erred fundamentally in observing that it was not necessary for the defendant to first admit the ownership of the plaintiff before raising such a plea.”

Kishan Dutt Kalaskar
Advocate, Bengaluru
4968 Answers
153 Consultations

5.0 on 5.0

File protest petition in criminal case and file petition for breach of injunction in civil case

Konda Srinivas
Advocate, Hyderabad
208 Answers
2 Consultations

Not rated

If there was an effective injunction order then this act would have attracted contempt of court.

If the police is trying to file B report you may object to it and inform that it's not maintainable.

You may get it re investigated

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

File police complaint of cheating under section 420 of IPC for failure to supply goods . Mention that firm was non existent . Cheque issued have been dishonoured on presentation

2) file summary suit to recover your money in Bangalore

3) you woukd be the plaintiff and firm with which order were placed would be defendants

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

1. Besides legal demand notice and cheque bounce notice, you may file a money recovery suit as well as cheque bounce case against him.

You may also approach police within his jurisdiction for cheating offence.

2. Cyber crime complain may not be maintainable, but a complaint for the offences of cheating would be maintainable .

3. The party to whom you have sent the money.

For cheque bounce case you should be very careful while implicating a third party in the case.

4. You may first concentrate in retrieving your money after which you can think about further legal action.

5. There is no question of specific performance of contract in the absence of valid legal agreement on this.

6. There wont be a provision in law for that,.

7. Whoever cheated you.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1. What possible actions can I taken for speedy resolution (NI Act/ IPC, etc.)?

Ans: You can file both.

2. Can we lodge a cyber-complaint in Bangalore (as all communications were made online/ email)?

Ans: If you can manage the cyber police then you can file.

3. Who are the parties & how can I bind them at Bangalore courts.

Ans: Bangalore has cause of action.

4. Where else can I de-list their companies apart from GST / income tax dept.?

Ans: If he has registered firm/company then only you can do that.

5. Any advantages if I opt for Specific performance of contract for speedy recovery?

Ans: No, you are advised to go for Cheque bounce but the notice must be sent within certain period. The procedure is given below. For more details you may contact me online through this

website.

6. OR is it wise for me to request court to consider joinder-of-offences for complaints already lodged on him (saves lot of time)?

Ans: No, not wise.

7. to lodge complaint / suit who are all the parties in this case.

Ans: You can add any more parties as you feel involved in the crime. The rules for cheque bounce case are as follows.

=========================================================================================

Cheque bounce FAQs

1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice?

A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred:

a) Place of drawing of the cheque,

b) Address of bank where cheque was presented (holders bank address),

c) Address of bank where cheque is payable (drawers bank address)

d) Place from where notice was received by drawer of cheque

a. It is possible that each of these four acts could have occurred at different localities. The complainant can choose any one the above places to determine jurisdiction of court where they wish to file complaint.

2. What can I do if it has been more than 30 days since I received information of dishonour of cheque?

If the cheque is still valid i.e. 3 months (currently) have not passed from the date of its issue, you can represent the cheque again to your banker as there is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. It may be noted that once a notice for payment is given then the holder must file a complaint under Section 138 N.I. Act within 30 days from expiry of notice period as a fresh cause of action will not arise if the cheque is presented again and it is dishonoured and failure to file complaint will lead to loss of remedy available under Section 138 N.I. Act.

3. How long after notice has been served can I file a case against the drawer?

After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque.

4. What can I do if I do not have the drawer's address?

You need the address of the drawer of cheque to issue notice as contemplated under provisions of N.I. Act; also the address is necessary if you wish to avail other legal remedies available to you. You can send the notice to the last known address. In case the address of the drawer has changed and the drawer has not left a forwarding address and the notice is returned with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then you need to file a complaint case after 15 days (notice period) of receipt of such information or returned notice and within 30 days from expiry of notice period. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque

5. What should I do if the notice was returned and could not be served to the drawer?

When a notice is returned to the sender as unclaimed or with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then the date of receipt of such information or returned notice would be the commencing date for the notice period of 15 days. Complaint case under Section 138 N.I. Act must be filed within 30 days from expiry of notice period. Such reckoning would be without prejudice to the right of the drawer of the cheque to show that he had no knowledge that the notice was brought to his address or previous address.

6. Can Mohan Law Chambers assist in drafting of legal notice as required by Section 138 of N.I. Act.?

Yes, Mohan law Chambers offers assistance in drafting of legal notice as required by Section 138 of N.I. Act.

7. How long after receiving information of dishonour of cheque do I have to serve notice to the drawer?

You need to serve a legal notice to drawer of cheque demanding payment of cheque amount within 30 days of the receipt of information from your banker regarding dishonour of cheque under Section 138 N.I. Act.

8. What if the cheque was given for a reason other than to discharge a legally enforceable debt or other liability?

In cases where cheque was given for a reason other than to discharge a legally enforceable debt or other liability, the provisions of Section 138 N.I. Act are not applicable e.g. Cheque given as Gift, in charity, donation etc.

9. Can a cheque issued in security attract offence under Section 138 N.I. Act?

With respect to the dishonour of cheques given as security, legal position is not very clear. It is subject to presumption and proof thereof that may be given by either party in support of their case. High Court of Delhi in the case of M/s Datt Enterprises ltd. vs. V.K.Dua held that the security cheque does not attract the provisions of Section 138 N.I. Act., if cheques were given as a security cheque as per past practice and pending reconciliation of accounts and not towards discharge of any liability.

10. What is a legally enforceable debt or other liability?

Legally enforceable debt or other liability should be such which is contracted in accordance with law and which is not opposed to public policy viz., wagering contracts, debt obtained for running brothel or gambling house etc.

11. What is Section 138 N.I. Act and why is remedy available under it preferable to remedy available under other laws?

a. Section 138 N.I. Act was made to provide an additional criminal remedy over and above the civil remedies available; to provide a speedy and effective remedy to holder of dishonoured cheque.

b. Summary suit for recovery of money takes time (approximately 3 to 5 years) and criminal proceedings under Section 420 I.P.C. does not provide any provision for recovery of money and is meant only for prosecution of the drawer of the cheque who entertains dishonest intention to cheat.

12. What is a summary suit for recovery of money?

Summary suit is a civil legal proceeding initiated for recovery of money due under any written agreement, cheque etc. These proceedings are different from normal recovery suit, as here the liability to prove that petitioner is not liable to recover any amount is on defendant for which he needs to obtain leave to defend from the court.

13. What is the validity of the cheque in day to day business?

The current validity of cheques is 6 months. However, please note that from April 1, 2012. The validity will change to three months as per recent directive of RBI (under Sec. 35A, Banking Regulation Act, 1949)

14. What can I do if a cheque given to me has been dishonoured?

a. The holder of a cheque that has been dishonoured can seek remedy in the following manner:

i) Action under Section 138 Negotiable Instruments Act (N.I. Act): Give notice under within 30 days of receipt of information of dishonour from the bank. In case of non- payment by the drawer within the notice period of 15 days, then the holder must institute a complaint case for prosecuting drawer within 30 days of expiry of notice period.

ii) Civil Action as Summary Suit: Issue notice within 3 years from issue date of cheque and institute a summary suit for recovery of cheque amount along with interest and legal expenses. The notice can also be used while filing summary suit for recovery of money.

iii) Criminal Action: Initiate criminal proceedings by filing complaint under Section 420 Indian Penal Code (I.P.C.) within 3 years from issue date of cheque. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque when dishonest intent to cheat in inferred.

15. What documents / evidences do I need at the time of filing complaint case under Section 138 N.I. Act?

You will need at the minimum, the following:

a) Proof of service of notice - receipt of postal department / courier

b) Copy of notice

c) Cheque in original

16. What can I do if I do not file a complaint within 30 days from expiry of notice period?

If you have not filed a complaint case within 30 days after expiry of notice period, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from the date of issue of cheque.

17. What can I do if it has been more than 30 days since I received information of dishonour of cheque and 6 months has passed from the date of issue of cheque?

a. Other remedies are also available to recover the cheque amount. You can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque. In case the cheque was never presented during its validity period then a summary suit is the only available remedy for recovery of money.

(Notice can be given to drawer up to 3 years from date of issue of cheque for instituting a summary suit for recovery of money. Criminal proceedings for prosecution of drawer can also be instituted within 3 years from date of issue of cheque under Section 420 I.P.C.)

18. The drawer is asking me to settle the claim at a reduced value. What should I do?

Its up to you to settle the claim at a reduced value as the same will save your precious time, as well as legal hassle. Now-a-days courts are also encouraging amicable settlement between the parties. However, if you settle the dishonoured cheque amount at a reduced value, you will lose all remedies available under law.

19. What remedy do I have if the drawer delays in settling after conviction?

In a recent 2010 judgement, Supreme Court has laid strict rules to deal with such delaying tactics. Delay in settling cheques bounced will cost up to 20% of the cheque amount post-conviction. This is detailed as: 10% at District Court level; 15% at the High Court level; and up to 20% at the Supreme Court level. For e.g., Defaulter going for settlement will have to pay 10% of the cheque amount to avoid going to the jail.

20. Can I recover interest and legal expenses from the drawer of the dishonoured cheque?

Yes, you can recover interest and legal expenses from the drawer of the dishonoured cheque in a summary suit for recovery of money, but not in the proceedings initiated under Section 138 N.I. Act. However, under Section 138 N.I. Act the award maybe higher than the cheque amount.

21. What should I do if the drawer does not make payment upon receipt of notice?

You can adopt either or any of the remedies available to you:

a) Can file a criminal complaint against drawer of cheque under Section 138 of N.I. Act.

b) Can file a summary suit for recovery of money, interest and legal expenses.

c) Can file a criminal complaint against drawer of cheque under Section 420 of I.P.C. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque.

In case a person has filed suit for recovery, then he is not precluded from filing a complaint under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. The pendency of criminal matters would not be an impediment to proceeding with the civil suits.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4968 Answers
153 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer