Bounced cheque Bounced cheque

3 years ago

My tenant hadnt been paying the rent since many months and when I had confronted him he said he'll give me a cheque of the full amount... He gave a cheque once and it bounced... Then he gave another cheque that too got bounced... Due to the lock down we didn't go to the bank either.... Can you suggest me what to do since now it's almost 12 months of rent that is pending and the covid lock down is also going on....

Adv. Sarika Khude

Responded 3 years ago

A.Notice for cheque bounce under Section 138 Negotiable Instruments Act
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Rajagopal Sripathi

Responded 3 years ago

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A.Hi
You should issue the following notices
1)Notice for cheque bounce under Section 138 Negotiable Instruments Act and
2) Notice for eviction from property.
Non payment of rentals is a good cause and added to that is the fact that cheque bounce proves that the tenant does not keep up their commitments as well. So, you should proceed both under Negotiable Instruments act and also Specific relief act for eviction of defaulting tenant from premises.
Hope this information is useful.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Please share the cheque. If it is in validity period then bounce it and file cheque bounce criminal case, Get issue a legal notice and get him vacated. Please give me Rank 5 if you feel my answer helped you.
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Abhimanyu Shandilya

Responded 3 years ago

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A.Send him a notice for non-payment and the cheque bounce as that will form the ground for cheque bounce case.

There is time period for the notice and the cheque bounce case but in general the courts the have extended the limitation due to the lockdown and you can take benefit of that.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Get the cheque from the bank as the bank is functional, issue a legal notice, and file the complaint.
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