Blank cheque issued but made stop payment of the same
vishal
(Querist) 02 February 2015
This query is : Resolved
hi,
i am a businessman and having a premises on rent. my landlord has taken two blank cheques signed by me saying for the security purpose. but i don't trust him as he always troubled me so i made the stop payments of those cheques.now i get to know from a friend that he want the premises vacanted from me. can those cheques used against me. can i be held responsible for a criminal offense. have i done anything wrong? please help
ROHIT SHARMA
(Expert) 02 February 2015
Dear Mr. Vishal,
1. If you have made stop payment then if the cheques are deposited by the landlord they will be returned marked as 'Stop' payment. This can prompt him to file a complaint u/s 138 N.I.Act. But since these cheques were given for as security then the implication that there were issued for some transaction can be thwarted. It all depends what kind of rent agreement it is and how long are you in possession of such rented premises. You have lawfully done nothing wrong.
vishal
(Querist) 02 February 2015
thanks rohit sharma
Rajendra K Goyal
(Expert) 02 February 2015
The terms of the rent agreement has to be referred.
However, send registered letter AD to the land lord informing that the cheques have been stopped, not to be presented in the Bank for payment, and should return the cheques immediately to you.
P. Venu
(Expert) 03 February 2015
You also have the option of placing all the facts on record in reply to the statutory notice before filing the complaint under Section 138 NI Act, if the landlord resorts to such an action.
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
You may issue a legal notice to the landlord demanding the return of the blank cheques before he is rushing to court with cheque bounce case.
malipeddi jaggarao
(Expert) 10 February 2015
First of all, whether any arrears of rent are to be paid to the land lord or not? If no arrears are to be paid, one has to look into the terms of rent deed and if no onerous clauses like referring the advance rent etc., you can send a Regd.letter with ack.due asking him not to present the cheques as there is no liability on your part and the cheques are stopped for payment.
