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Pattu Kutty (none)     26 April 2010

Criminal Proceedings for Cheque bounce

Dear all,

I am writing this regarding the cheque bounce case with the reason ACCOUNT CLOSED by my tenant towards the rental dues he owes to us. I have also received the information regarding the time limit for issuing the notice of demand for payment,(30 days) from some of you. Thanks for that.

We are unofficialy informed that he has filed a civil suit against us in consequence to the legal notice we served him last month,-------- for defaulting advance and rental payments for months together------.

Since we have not received any information legally in this regard, what will happen if his lawyer does not vacate this suit? The lawyer and us entered into an oral compromise, that we will not proceed with the criminal case, provided he vacates the civil suit on us. Also he promised to handover the house to us by 15th MAY. But he has not kept up his promise and has not vacated it this 23rd. Now we cannot believe him to give our house keys back. So we have decided to proceed with the criminal case against our tenant.

Now i have a few questions in my mind and need your help at the earliest.

1. Is a legal notice neccessary to demand payment of the cheque amount? Is it accepted that i write a letter to the tenant myself and register post it to him.

2. What if the drawer is not in contact to receive the notice?

3. Is there a loophole in NI that allows the drawer of the cheque to easily escape the clutches of law and police?

4. What are the steps to be taken if the tenant does not respond to the notice, but very much received the same?

5. If the drawer of the cheque ignores the first 15 days time limit of payment of the amount, does his act come under involuntary criminal action and what are the punishments he is entitled to?

Kindly reply at the earliest as our 30 days notice time would elapse by 30th April 2010.


 2 Replies

H. S. Thukral (Lawyer)     26 April 2010

You have not mentioned what kind of civil suit the tenant intends to initiate against you. In my opinion it might be suit for injunction from forceful and unlawful eviction. As far as the cheque bounce case is concerned there are some technicalities such as notice to be issued within 30 days from date of   receiving the information about cheque bouncing from the bank, giving 15 days time to the tenant for payment and thereafter filing the complaint within a month. I would advise you to engage a lawyer to do the job. 

You send the notice by registered post and UPC at the correct address of the accused. it would not matter if he receives it or not. There is  imprisonment and/or  fine on conviction

FUTURE LAWYER (future lawyer)     30 June 2010

Mr.SKJ-Advocate, if other lawyer given right answar means why you are interperign in his feedback, if you have gots  emans try to help out, rathen than making logically advise and postings

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