Property sold without my knowledge, compensated cheque bounces
Hi Respected Lawyers.
• April 2010: I had purchased 10 cents of land for 9 lakhs(90000/- per cent) in Vythiri, Wayanad through a then close friend Jobish.
• The land was not registered in my name, and an agreement had been written which indicated that I had the right to sell it to anyone or register it in my name. This agreement was with Jobish and he always has some excuse to handover that agreement to me.
• Purpose of buying that land was to sell the same to make a quick profit. But due to the kasturirangan Report(https://en.wikipedia.org/wiki/Gadgil_Committee) the price of land had not appreciated or was declining.
• June 2015:Jobish sold the land without informing me for 11.5 lakhs on June 2015.
• October 2015:On enquiry with neighbours near the land, I realized that Jobish had sold this. On confrontation with Jobish, he would never admit this, but still said the original agreement was not with him at that time. Later he agreed to this and he said he would compensate me with 13.5 lakhs.
• December 2015: Agreement was written stating that Jobish would give me 5 lakhs on Jan 15th and 6.5 lakhs on March 30th. This didn’t total the whole amount, since he had transferred 2 lakhs to me after I confronted him. This was notarized and 2 supporting cheques were also provided whose cheque numbers are quoted on the agreement. The cheques were CTS compatible from Wayanad District Co-operative bank.
• February 2016: I had only received 3 lakhs till this date. I had dropped the first cheque for 2 lakhs which was rejected after a month, because of insufficient funds. And this cheque was reported lost in transit from Wayanad District bank. So, basically his bank has lost the first cheque.
• May 2016: I have not received any other funds from Jobish, who has been killing my time all this while, by saying an excuse or the other.
I work in Bangalore, and I had initially taken a personal loan to buy this property. I had trusted Jobish like a brother, and this is my lesson learnt.
Please provide support and suggestion to recover this money from Jobish.
1) What should be my next actions?
2) Should I drop the second cheque for the remaining amount of 8.5 lakhs? I’m afraid that this cheque will be lost as well, and I think he has manipulated the bank to lose the first cheque. Wayanad District bank in Vythiri operates on a rent/lease provision in a building which he owns.
3) If I need to file a case of cheat and fraud, can this be done in Bangalore or should it be done in Wayanad? Will I need to go to court in Wayanad, or would the proceeding from a lawyer in Bangalore or Wayanad be able to ensure that the money is provided by Jobish?
Asked 2 years ago in Criminal Law from Bangalore, Karnataka
1) you can file summary suit to recover the amount of Ts 13.5 lakhs
2) Also file police complaint of cheating and criminal breach of trust agiainst your friend
3) criminal case has to be filed in Wayanad and not in Bangalore as offence has been committed in Wayanad
Hi, If you lost the first Cheque in the Bank then you have to file a Complaint in the District Consumer Forum for deficiency of services as it is the duty of the Bank to furnish the Cheque and they can't say they have lost.
2. For remaining amount you have cheque in your hand present it in the Bangalore Bank so that you can able to file a Complaint in the Bangalore Court.
3. Once the Cheque is dishonored issue legal notice and if he fail to pay the amount then you have to file a Complaint as contemplated under section 138 of the Negotiable Instrument Act.
4. You can also file a private Complaint against that person for cheating.
1. Within 30 days of the return memo being received by you the process of filing a cheque bounce case against the drawer has to be initiated through issue of a legal notice to the drawer.
2. Present the second cheque personally to the bank and obtain an acknowledgment from the bank. If the cheque bounces then cheque bounce prosecution may be launched against him.
3. Separate cheque bounce cases will have to be filed if different cheques have bounced on different dates.
4. The cheque bounce case can be filed where the drawee's branch is situated.
submit this cheque for encashment and also take photo copy of this cheque.
file a complaint before the senior bank officer for recovery of that lost cheque. it is liability of the bank to provide details about the lost cheque,
if this cheque is bounce then immediately proceed under section 138 of NI Act and send a notice for encashment and thereafter file criminal case.
if you file that cheque from banglore then cause of action arises at banglore and you can file case in banglore. you should file another case of fraud on the basis of this cheque bounce case at banglore.
If the bank has lost the cheque the bank is responsible for either returning the cheque or to pay the cheque amount. You should have issued a legal notice to the bank about this, even now you have time to issue legal notice to the bank.
Further you have deposited the cheque into your bank account and not with his account or bank, hence you have rights to issue legal notice to your bank alone seeking explanation and if their explanation is not satisfactory you may drag them to banking ombudsman or to the consumer forum.
On the basis of the agreement for return of money, you can file a money recovery suit against jobish in the civil court.
Also you can get the other cheque also dishonored and file a cheque bounce case.
If the cause of action took place at Wayanad, you have to file the recovery suit at Wayanad only, if the cheque bounces in Bangalore, you can file a cheque bounce case in Bangalore