Legal Question in Banking Law in India
I sold my property to a lady & she give me a cheque of rs.12.65 lac signed by her husband from their joint account which was bounced & i booked both of them as accused u/s 138 n.i.a.
but magistrate was saying to remove the name of lady her signature was not on that cheque but she is liable to pay amount & their joint account is mode of operation "either or survivor" basis
so i need advice
1 Answer from Attorneys
07.07.2014
Dear Sir / Madam,
Since the cheque has bounced, you have not received the full agreed consideration; so the sale itself is null and void. You should sue for possession, if at all you have parted with the possession of the flat and on receipt of possession, return back the amount received by you after deducting your legal and other expenses from it. You continue to remain the lawful Owner of the property.
Regards,
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