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Dia (Project Lead)     18 August 2012

Stop payment

Dear lawyers,

I live in the UK. I had a trip to India & lived in a serviced aprtment for 3 months . I paid the 1st 2 months rent via chq ( all fine). But the last month rent , I issed a chq but before leaving for the UK I paid them by cash and asked them send the chq & receipt back to me( this was verbal). But now they say they have received stop paymnet of the chq & going for police complaint & threatening me that my passport will be blocked by India Police.

I am wondering can Police block my passport at this stage?( I still hold India passport)

Pls advice.

Dia



 9 Replies

Sudhir Kumar, Advocate (Advocate)     18 August 2012

My dearsir,  Please settle that cheque issue.  You ar eat receiving end.  You have no receipt of payment you said to hve made in cash.  They have a cheque from you with stop paymetn advise.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     18 August 2012

You need not worry , no police case can be made out . In such matters passport can be attached.

If case if filed you can contest through an advocate and it can be dismissed but only after trial.

RAKESH PIPRODIA (ADVOCATE)     18 August 2012

Relax, they need to file a 138 matter against you and serving of notice and warrant will be a compliacated issue for the complainanat as you are based at UK

Sudhir Kumar, Advocate (Advocate)     19 August 2012

Better not wait fro being accused in criminal case in India.

Dia (Project Lead)     19 August 2012

Thanks!

But I want to know before the trials can they block the passport? Want to be clear about it.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     19 August 2012

This is a cheque case that is summuns trial so no passport can be attached.. 

R Trivedi (advocate.dma@gmail.com)     19 August 2012

Service apartment one month rent, will not be exorbitant. But if the person, to whom you have issued the cheque and negligently did not take it back while giving cash, decides to file the case against you under S.138, believe me it wont be a very comfortable thing for you.

 

Most of the time we pay for our negligence only. I am not saying we should not fight for the truth, trusting someone is no crime, but if feel cheated, then decide if it is worth it to fight it out legally that too in India, where it takes years.

v.lakshminarayanan (prop)     30 September 2012

dear member

yes, mr.trivedi is absolutely correct.

pl try to settle the matter with the landlord. why create room for trouble?

thanks

yours

v.lakshminarayanan

palani

Sudhir Kumar, Advocate (Advocate)     01 October 2012

once you are accused and not treaceble then every actiion you hear about compelling the accused to come and remain in India can be launched.


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