Negotiable instruments act
Vijaya Poornima
(Querist) 31 March 2012
This query is : Resolved
Sir,
A cheque which was given towards the discharge of the part of the rental advance (Security deposit) was returned and a criminal case was filed under sec. 138 of NI Act was filed against the tenant(my client).My query is that whether Rental advance is a legally enforceable liability? If not, pls state any citations is there in this regard.
ajay sethi
(Expert) 31 March 2012
if you have taken security deposit you are bound to retrun it on termination or expirt of agreeemnt . it is legally enforceable
prabhakar singh
(Expert) 31 March 2012
'Rental advance' and 'security deposit'
are quite two distinct terms and convey all togather different things.
To know the proper advise better come with facts straight.
V R SHROFF
(Expert) 31 March 2012
once notice was issued, ur client shd have paid it.
As u have to pay , ask court, that u r paying, and settle it.
u r hardly going to get any benefit by contesting it. It still continue to be paid + risk of punishment, as clearly payable amt, today or tomorrow.
Shonee Kapoor
(Expert) 31 March 2012
Rightly said.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 01 April 2012
Dear Poornimaji,
Cheque given for rental advance is also a part of the agreement.The cheque has bounced means that you have deviated from the rental agreement and the landlord will have a right to terminate the agreement and ask the tenant to vacate,if not he can also get an injunction order for vacating the tenant.If the tenant waqnts to continue there,better pay the cheque amount and have a compromise.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 April 2012
Make payment and take back the cheque is proper solution.
However in such cases the landlords do not accept money since wants to prove technical default to obtain eviction other than conviction for cheque bounce.
In such cases you have to contest the case, find out if in your state rent act security deposit is allowed and second most imp aspect is whether receipt was given and other rent receipts are given.
Now it is the skill of the DEFENSE ADVOCATE to confuse the issues and put the complaint on defensive, YOU CAN SURELY WIN.
