Hello,

If in the sale deed it is mentioned that the cheque have been issued on 24.10.2018 then I would not advise you to fill any date which is otherwise, he may dispute this thing in 138 proceedings. 

Send him a legal notice and tell him that the cheque dated 24.10.2018 which will get expire on 24.04.2018 have to be encashed as per your promise and as such you are directed to maintain the balance as you will be presenting the cheques. 

Note that after getting the cheque bounced you can not keep to for long and then file a case as per your whims and fancies. As and when the cheque is bounced, legal notice in terms of section 138 has to be served within 30 days and thereafter the case has to be filed within the prescribed time. 

Regards  

Sir you can serve him notice as well as can update date in said cheques you can write in notice that you shall put in cheques given by him for the payment if the loan as promised doesn't get it cleared.

So if doesn't pay you can put cheque in bank if it bounces you can put a 138 NI act complaint and suit.for cancellation of sale.

As advised tender a notice to them at the earliest so that they admit the issuance of cheque on the said date and make payment as per the terms. 

Regards 

Mention the date 24.10.2018 and present it in the bank before 24.04.2018. They will be valid 

See if or all the cheques date mentioned in sale deed is 24/10/2018 then in that case you can serve him legal notice stating that he has reissued post dated cheques to you seeking more time since time line was getting over you have proof cheques are there sale deed is on record and he has no record of payment so you can say you will put these cheques now since time is over.

Then you shall have remedy to file a civil suit for cancellation of sale deed as  he has not made.complete payment and cheque bounce case and date shall not be in dispute.

You may initiate legal action against the person by issuing him a legal notice and filing complaint of fraud and cheque bounce complaint under Sec 138 of NI Act in the court. 

You can better apply for cancellation of sale deed for the reason that he has not paid the sale consideration amount.

There's no use of filing cheque bounce case which may take years to get disposed.

You may keep the cheques with the same date but do not present it for payment.

Instead issue him a notice stating that he failed to pay the sale consideration amount hence you are proceeding to cancel the registered sale deed.

Before that talk to him about it and if there's no proper response you may proceed as suggested.

You may proceed in the manner as suggested in my previous posts

Issue notice to buyer to fill in date in the 2 cheque’s 

2) if you fill in details buyer may dispute the dates as it is mentioned issuance of cheque is 24 th October 2018 

you can file suit to recover balance amount payable by buyer 

don’t fill in dates in cheque as buyer may take plea itvis material alteration of cheque without his consent 

Your remedy is to sue the purchaser to recover your money with interest 

As it is without dates, still it holds good.  Retain those cheques and send him a notice.

1. If the cheques are undated then you should not have agreed in the first place to assign a date to the cheque in the sale deed. It seems that you executed the sale deed without getting it vetted by a lawyer.

2. Now if you fill up the cheque he will take the defence that particulars on cheque are forged by you.

1. The solution is to firstly serve a lawyer's notice to him to pay the balance sale consideration.

2. If he still does not pay it then file a suit for cancellation of the sale deed, recovery of possession and damages.

3. A criminal case for cheating can also be filed under Section 420 IPC.

1) Have you mentioned in the sale deed that this sale deed will get complete transfer of title subject to realisation of cheque mentioned in the Annexure others this sale deed will be called as cancelled.

Please go for a Affidavit duly signed by both the parties and notarized by Govt. authorized notary stating that it will be a part of the concerned sale deed and mention in that affidavit that as the loan has not been cleared and dates are mentioned so this affidavit, please have witnesses at least two for the affidavit. Cheque bounce case is not a solution for the problem as you are in possession of un-dated cheques.

Not mention in notice that it was undated and you feed the date. Just cheque issued for enforceable debt. Notice will issue within one month of chque bounce than 15 days payment period, if not paid, cheque bounce case in one month.

STRICTLY FOLLOW ABOVE.

Can also file criminal case of cheating. 

You can bounce it and send legal notice