Gurgaon Builder Declared Proclaimed Offender By Court Over Cheque Bounce

"As we move faster on the path of digital transactions and cheque payments, we need to ensure that the payees of dishonoured cheques are able to realise the payments. The government is, therefore, considering the option of amending the Negotiable Instruments Act suitably," Finance Minister Jaitley said in his Budget Speech of 2017-18. Those who did not pay attention are certainly in trouble.

A Gurgaon-based real estate company certainly has. A local court in the city has declared the builder, ALD Infratech, a proclaimed offender over a case of cheque bounce. The cheque was issued to the buyer after the builder failed to deliver the project on time. While ordering attachment of the builder’s bank account in which the money was deposited by the buyer, the court has sought a report on the matter by September 16.

It is important to note here that in case a cheque bounces due to insufficient funds in your account, this would be considered a criminal offence. The person or the bank in whose favour the cheque has been issued can file a complaint under Section 138 of the Negotiable Instruments Act.

In 2014, the buyer booked a 111-square-metre plot in Rajasthan's Behror that is part of the national capital region, and paid Rs 2.65 lakh to the builder. After the builder failed to transfer the plot, the buyer cancelled her booking in 2017, demanding refund. The developer owned the buyers Rs 3.54 lakh, including interest. The builders issued the buyer four cheques. All of these were bounced.

Subsequently, the buyer approached the court in September 2017. The builder, however, failed to appear before the court on several hearings.

“The case has been called several times, but no one has come on behalf of the accused. Therefore, this court is satisfied that the accused has absconded and is declared a proclaimed offender,” the court said.

Also read: Lessons You Must Learn From These Cheque-Bounce Cases