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Tenant not paying rent can I file cheque bounce case


05-Dec-2023 (In Landlord/Tenant Law)
I am a house owner and tenant vacated my house last year October 2015 with keeping pending of 3 months rent, said that he would pay in 3 months installments. It is Decemeber 2016 now , i could able to recover only one month rent 6k and rest 13 k he is not paying , playing hide and seek game. I have his 2 out dated checks, voice calls, msgs. I told him that i will register police complaint or legal notice. He is not all bothering since we did not have any rental agreement and i believed blindly him since he is working as professor in university. Kindly suggest how i need to proceed in terms of police complaint, or court case to recover 13 k(two months rent)???
Answers (2)

Answer #1
691 votes
So for recovery of rent is concerned Each and one has to proceed as per Household Rent Control Act

In your case already evicted by tenant and you are in possession of 2 out dated cheques which can make use of those to recover your rent .
Present cheque and after bounce get return memo from bank.
After that send notice of bounce to tenant and inspite of that if fails to pay you rent
File complaint for offence committed under section 138 of NI ACT.
After sworn statement summons issue from court and if served NBW issued to accused/and tenant has to take bail, instead of taking bail he will clear your rent, as the amount required to clear by him is less than what he can spend for legal professional.

If cheque time barred you can file suit for recovery of money

Regards from
Ravindra prasad
Answer #2
854 votes
A cheque can be called a Bounced/Rubber Cheque only after it has been presented to the bank it has not been honoured for NSF or other reason.
You can file a police complaint if you have any proof of the amount outstanding against the former tenant.

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