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Can landlord file cheque bounce case if I refuse to rent his place


07-Nov-2023 (In Cheque Bounce Law)
I was about to rent a house for which I gave Rs 5000 as a token money which bounced due to insufficient balance. Then I called owner that my cheque has bounced and I will pay the amount in cash. when I went to his house to pay the deposit money(Rs 30000) his uncle was there and hence I did not give the money as he is giving me receipt on white paper and said I will give money only if you give legal receipt. His uncle and he take this on ego and tried to force me to give money in cash which I didn't do and also decided not to rent his place. I have not signed anywhere and not have any rent agreement with him.. Even I have not given any of my documents to him for preparation of rent agreement. Now he is threatening me to take legal action and file fraud case against me as my cheque has been bounced. He does not have any document of mine except my mobile number. Request you to advise what should I do? Thanks in advance for helping me.
Answers (3)

Answer #1
934 votes
yes you can file a case under rent act and also case under section 138 of negotiable instruments act. You can prosecute the opponent both ways by going for vacating the property and also a criminal nature case.
Answer #2
787 votes
Firstly he cannot initiate 138 proceedings as he has to prove the cheque towards any legal debt as per presumption theory...
Secondly...you are free to lodge a NC with d police station of your area for such incidence for the safer side...
Answer #3
858 votes
As per your information, since there is no rent agreement, so it would be difficult for him to prove the dishonoured cheque towards any legal liability and hence he may not initiate 138 proceedings against you. However, if any legal action is initiated, you can defend yourself and prove your bonafides that nothing is due and payable to him. You can even lodge a NC at your nearby police station.

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