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Cheque got bounced, tenant not repaying the amount
19-Sep-2023 (In Cheque Bounce Law)
Outstanding rent was shared by a check which got bounced due NSF. I have informed tenant over phone, every time he is asking time and request not to resubmit check. Already 1 month gone by and he asked me for 1 more month, which I am sure he will not pay. Tenant have vacated house last month itself. Also his bank have stopped issuing check book due to his repeated defaulter. What do I need to do now?
Sir, if you know the address of said defaulter then you can prosectue him under cheque bounce case but you have to bounce the said cheque again to give fresh cause of action because once the cheque got bounced, you have to send notice within 30 days from bank memo ... So do immediately
Helpful?
11+
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Adv. Sanyam Jain
Delhi | 25+ Answers
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Hi,
1) Under the law, you should have mandatorily served the legal notice to your tenant within a period of 1 month from the date since when the cheque bounced. You will be required to re-submit the cheque and obtain the cheque return memo and serve him a legal notice within the period.
2) After serving the legal notice, you will be provided with 15 days barring which if the tenant has not paid you the amount, a complaint can be filed before a magistrate with jurisdiction over the branch of your bank where you hold an account.
1) Under the law, you should have mandatorily served the legal notice to your tenant within a period of 1 month from the date since when the cheque bounced. You will be required to re-submit the cheque and obtain the cheque return memo and serve him a legal notice within the period.
2) After serving the legal notice, you will be provided with 15 days barring which if the tenant has not paid you the amount, a complaint can be filed before a magistrate with jurisdiction over the branch of your bank where you hold an account.
Helpful?
15+
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Adv. Anuj Nair
Delhi | 200+ Answers
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You submit the cheque once again. Get it bounced and then send him a legal notice at his new address and thereafter file a 138 case if you are sure that he is not gonna make the payment at all. Because once the cheque goes more than 3 months then you wil not be able to recover the money from him.. therefore it is better to get the cheque bounced and thereafter sending legal notice within 15 days from the date of bounce.
Helpful?
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Adv. Suparna Sinha
Delhi | 25+ Answers
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First and foremost you need to send a legal notice to your tenant. And if in case the tenant do not pay the amount due within time specified in the notice and there is no reply to that legal notice, in such case you need to file a complaint under section 138 of Negotiable Instruments Act.
Helpful?
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Adv. Naman Gupta
Delhi | 200+ Answers
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