Chetan Padm (law) 01 February 2010

Regarding Section 138 of Negotiable Instrument Act and 420

Hello,
Its regarding s.138 of Negotiable Instrument Act, 1881 with all amemdments till 2002 read with 420 IPC.
I'm Based out of India NCR Region.

Brief:
1. In June 04, Girl along with mother begged us to give the house on rent in delhi( Mother's played important role and was lead)
2. Girl issued Rs. 35000/- as security money and advance rent in June 04 . Tenancy started at Rent 9900/- p.m. in Aug 04.
3. Girl din't payed any rent inspite various followup.
4. 2 Rent receipt issued to her was only on Aug 04 and March 05. Rent Paid for 2 months only
5. Then next 2 rent receipt issued to her was on April 05 and March 06. Rent Paid for 2 months only
6. then next 2 rent recipt issued to her was on April 06 and March 07. Rent Paid for 2 months only
7. I had rent due for around 2.5 Lakhs and additional 1 Lakh which girl took from me and Aug 04.
8. Various follow up to pay the due amount failed and girl ran away.
9. Notice was served on 30.12.2009, which was receive by the girl and her parents.
10. 20.01.2010 girl send the cheque meeting the demand of Rs.6.18 lakhs to meet her liability.
11. cheque bounced on 26.01.2010.
12. 27.01.2010 demand notice served.

Question:
1. Apart from action against girl as per s.138 of NIA can:

a. 420 ber filed on her.
b. On her father ( as he had dispatched the cheque)
c. Mother (she is the one who pleaded to get the house and assured the timely rentals.

Looking forward.
Chetan

Reply Follow

9 Replies

sweta singh (n/a) 01 February 2010

the rent receipt was issued in whose name????

Chetan Padm (law) 01 February 2010

Rent receipt was issued in name of girl. She also cleverly took benefit u/s 10 of Income Tax Act, by showing the HRA receipts of Start and end month of the Financial Year for consicutively 3 years for amount of Rs. 225000/- in total.

From 1 Lakh loan (white cheque directly issued to Postmaster by me) she took NSC for tax saving. We managed to get her Income Tax returns some how and HRA and other tax benefits are also hilighted there.

SIDHES JENA (CEO- Jena & Company www.jenasworld.com) 02 February 2010

Nice incident,

she did the job very cleverly, you can go for 138 NIA, & 420 also, you should have the evidence to proove that , she had a liabilities to pay you,

the important thing is she can prove it that ,she maid the rent payment by cash only, be careful

Chetan Padm (law) 02 February 2010

how can she prove that rent is paid in cash ? source of income ? bank debits for regular cash withdrawals ?

show rent receipts for rest of months ?

she is already facing TEP in IT dept.

I managed to get her salary details, ITR and Form 16 since 1999.

Bank statments from Year Jan 2004 onwards.

sweta singh (n/a) 02 February 2010

i dont thnk u can file 138 against her....coz rent bill was issued in the name of the girl & the cheque was given by her father so there is no legal liabilty that u can prove.......u can go for 420, breach of trust......u can also file civil suit against her for eviction from the tenanted premises......