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Vishal Malhotra (DGM HR)     21 August 2012

Stop payment on rental deposit cheque by landlord

My landlord issued me a cheque after deducting some amount towards last electricity bill and repairs, however, after 2 days called me to tell me not to deposit the cheque as they could not trace some rent payments, which I helped them trace, they then sent me a mail saying that there are more damages and not to deposit the cheque. I waited for 2 weeks and deposited the cheque after getting no response from them on where and what the damages were, the cheque was returned back as they had put a stop payment on it. I read online that there have been cases where putting a stop payment on the return of the deposit amount after the handing over of the property is a criminal offence, please advise.



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 1 Replies

Advocate Rohit (Advocate)     21 August 2012

yes, it is an ofence under sec. 138 of negotiable instrument act. you need to sent a legal notice to the Landlord through an advocate within 30 daysfrom the date of receipt of the bank memo. incase, the landlord fails to refund the due amount within 15 days after receiving the notice, then you need to file a case against him.

Regards,

Advocate Rohit Dalmia

09324538481


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