Nia-138
M.Sheik Mohammed Ali
(Querist) 01 May 2015
This query is : Resolved
Dear Learned Adcocates,
Land lord and Tenant having dispute for vacating the rental premises, after negotiation the tenant vacate the premises but at the time of vacating the premises, the land lord gave filled amount cheque ( Which is land lord son's cheque for Security purpose) after that the landlord not repay the advance amount the tenant filed NI138 case against landlord not the drawer of the person(Son's).
how to quash the case,?
how to dismiised the Case?
any citation or case law and proceedure pls provide me.
T. Kalaiselvan, Advocate
(Expert) 01 May 2015
Instead of going quash, challenge the case during trial, that will fetch you the desired results.
Raj Kumar Makkad
(Expert) 04 May 2015
As there was no liability either of the landlord or his son on the date of the issuance of the cheque, the question of the success of the trial do not arise, It shall be appropriate to challenge the summoning order by way of filing a petition before high court.
T. Kalaiselvan, Advocate
(Expert) 04 May 2015
while you are welcome for your appreciations, our senior expert Mr. Raj Kumar Makkad sir's observation to go for quash before the high court has some valid grounds, however, instead of strenuous efforts between high court and the trial courts, better to challenge the case in the trial court itself because it is case of the complainant and not yours hence let it run even for prolonged period, the accused cannot be a loser.
