Post dated cheque from builder who delayed project

[Anonymous]

Dear Sir,

I booked a flat from the promoter. Promoter delayed the project. I withdraw from the project due to the same. After much struggle, promoter returned the money in POST DATED cheques. One cheque I successfully encashed. 2nd cheque was dishonoured. I sent 9 reminder mails to promoter that this day I will deposit my 2nd cheque. No response came from the promoter. Can this case comes under NIA 138 and can I file a case against the promoter. If there is any known verditc please share.

[Dr. Ashok Dhamija]

From your question, it appears that the builder / promoter has returned the money to you which you had paid to him for booking the flat. This means that the amount represented by the post dated cheques was on account of discharge of a debt or liability. A dishonour of such cheque would come within the meaning of Section 138 of the Negotiable Instruments Act. So, it should be possible for you to file case for cheque bouncing.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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