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ashok kumar (Social Worker)     25 April 2013

Criminal case by tenant to pressurize

 

Criminal Case by tenant to pressurize

Premises are leased out on the basis of Registered Lease Deed. The premises are vacated by the tenant causing heavy damages, The Security Deposit is not sufficient to cover the said damages so the landlord files a suit for recovery in the Rent Tribunal.

There are some cheques of the tenant towards the rent so the Landlord also filed cases under Section 138

The tenant a highly placed IAS Officer’s son, files a complaint with the Police and the Police starts building up pressure on the Landlord to withdraw the case and refund the Security Deposit. Meanwhile the tenant files a complaint u/s 420 & 406 in the Court and the same is sent to the Police station for investigation under Section 156(3). Now he being a highly placed person is pressurizing the Landlord, through the Police, using this FIR as a weapon, to withdraw the recovery Y ch return cases filed byteh landlord against him.

What is the remedy? Pl give details

How can non refunding of a deposit fall under a criminal case, it being a purely civil nature of transaction/dispute?



Learning

 1 Replies

Advocate Ravinder (Advocate/Attorney)     18 May 2013

This is democratic country.  It is not so easy to harras somebody with illegal methods.  You should be stubborn and courageous, do not lose your self respect, do not bow your head before infuential people.  Right now they may harrass you, but keeping patience and going on defending the above persons, you will definitely win and ultimately come out of all the cases.  It is matter of a short time.  Before that you should not surrender. Engage a good experienced lawyer as your apponent is financially and influentially powerful.  In the meanwhile meet higher police officials (ACP,DCPand Commissioner of Police) and complaint against the local police officials for entertaining a false case.

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