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Avinash Pandey   14 March 2016

Cheque dishonor

Dear Sir

I have taken house on rent, at the time of agreement, land lord asked me to give 02 months Security Cheques and one month advance rent, due to my Financial condition I requesetd her to take the one month Security deposit and one month running advance. She insisted ok then give me one undated cheque against security and it will be placed on mutual understanding in times to come.. The agreement was for 11 months and through out the agreement period I have paid advance rent through cheque every month. Since I got transffered to other location and told her to adjuest my Security deposit against the final rent of 11th Month and also requested her to return my undated cheque kept against securty deposit. Her intention was not good so she replied that your undated cheque has lost some where and advised me to STOP the payment, accordingly I have instructed my bank to Stop the payment against the said cheque.

I was insisting her to settle all the dues and return the cheque and also drafted a letter to give us in writting regarding STOP payment advise which she refused to sign, and one day she called me that your cheque has found and will retun you but on the same day she presented the cheque before the bank since STOP payment instruction was laready their so cheque returned unpaid.

Thereafter, I asked her and requested her to settle the dues, she advised me come with all Electricity bill, which was paid till date. The same we have given to her and Rent of last month including Maintenence + remaining 09 days after the expiry of agreeement total I have calculated and less the Security deposit I made a final acheque and given to her.

Now she is not returning my unpaid cheque nor she is giving anything in writting, I am having apprehension in order to give me threat she can fil case under 138 NI Act.

If it happens so what can I do in my protection, or what should be our line of action in order to protect ourself.

 

 



Learning

 5 Replies

Adv. Yogen Kakade (+ 91 9225510883)     14 March 2016

You should always be cautious while dealing with the cheque issues.. you can defend yourself if she files a case us. 138 of N I act.. you need to collect the evidences for the defence.

Adv. Yogen Kakade (+ 91 9225510883)     14 March 2016

You should always be cautious while dealing with the cheque issues.. you can defend yourself if she files a case us. 138 of N I act.. you need to collect the evidences for the defence.

Adv. Yogen Kakade (+ 91 9225510883)     14 March 2016

Sorry for repeated answer by mistake

Prasun Chandra Das (Banker)     19 March 2016

I think you should send a letter yourself (or thorugh a Lawyer) to her, stating the facts. Also mention the dues from your side with calculations and how you intend to pay the dues. If something is due grom her side, demand the amount in writing.

 

Don't get worried over Sec 138 case, though you should be prepared for it. If you receive a notice u/s 138, consult a Lawyer and give an appropriate reply. Since the intentions of the Landlady is not very good, do not rely on verbal communications. Try to have communications in writing and maintain records/proof.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 March 2016

You write a registered AD letter to her stating all the facts and requesting her to return the cheque. As she had already presented the cheque once she would have dated it. She has to send you demand notice within 30 days of return of the cheque. Somtimes complainants present the cheque again in the bank in order to beat the 30 day limit. But this is a stop cheque case and not a bounce case. Hence there is no case to present the cheque again. Further you would have written to her in the intervening period. Hence if nothing happens within  30 days you can sleep peacefully. 

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