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Multiple Cheque Bounce non payment of rent
19-Nov-2024 (In Cheque Bounce Law)
I have rented by flat and the cheques for Security and rent have bounced or blocked by tenant.
The electricity bill cheque has also bounced . I have Memo from Bank as well from the electricity board.
They have not paid rent for last two months also giving lame excuses.
Please advice next action we can take.
you need send the legal Notice first for payment and mention the cheque is bounced, within 15 days of receipt of Notice if they dont pay then you can file the cheque bounce case , which is criminal case
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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in terms of your facts, kindly proceed for taking legal action for cheque dishonor as well as for termination of rent and vacation of premises. otherwise that person shall keep the premises held up for no reason.
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Adv. Deepanshu Garg
Delhi | 100+ Answers
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First of all rather than going legally you should serve him/her a legal notice and in that notice you can write that either pay my money or face legal action which will be at your own risk. After that if he/she fails to give you a satisfactory reply then you can anytime file a petition before the court under section 138 NI Ac to claim your money back along with compensations.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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You must initiate proceedings under sec. 138 NI Act against tenant. The time limitation period starts from the day you bounce the cheque. Now you have 30 days from the date on the returning memo to send a Legal Notice and 45 days from the date of receipt of the notice to file a case against the tenant. You must hire an advocate for the job. There is a lot of technicality involved and an expert Advocate can only help you.
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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To address the tenant’s default, you should first issue a formal legal notice demanding immediate payment of the pending rent for the last two months and the settlement of the dishonored security cheque within a stipulated timeframe (typically 15 days). If the tenant fails to comply, you may initiate legal proceedings under Section 138 of the Negotiable Instruments Act, 1881, for the cheque bounce, which carries penalties and potential imprisonment for the defaulter. Additionally, you can file an eviction petition citing non-payment of rent and breach of the tenancy agreement. To recover dues, a civil suit for recovery can also be filed. Ensure you retain key documents, including the rent agreement, cheque dishonor memo, and records of unpaid rent, to substantiate your claims. Engaging a legal professional will ensure these steps are executed promptly and effectively.
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Adv. Aman Verma
Delhi | 50+ Answers
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