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Cheque bounce

(Querist) 07 November 2012 This query is : Resolved 
Respected experts,

Can Police lodge FIR against Rent Cheque bounce.And
In which sections we can file a case against tenant.
Can We lockout the factory building if tenant is not paying rent from three months and all three months cheques have bounced.

Pl. guide.

thanking you,

V R SHROFF (Expert) 07 November 2012
U can file 138 ni case

You cannot lock lockout the factory building if tenant is not paying rent from three months and all three months cheques have bounced.
ajay sethi (Expert) 07 November 2012
file suit for eviction against tenant
ajay sethi (Expert) 07 November 2012
filing of cheque bouncing case on account of dishonour of cheque can also be done . but if you file eviction suit tenant will come to his senses and pay you rent on time
V R SHROFF (Expert) 07 November 2012
138 WILL BE fast & EFFECTIVE.

Eviction will take a long time, chances are rare to succeed, need min 6 months lapse

In case he fails to pay rent for another 3 months, after issue notice, u can file for eviction.
Sailesh Kumar Shah (Expert) 07 November 2012
rightly advised by the learned experts.
Proceed as advised.
Raj Kumar Makkad (Expert) 23 November 2012
If cheque is bounced, file criminal case directly in the court and not with the police and if tennat is not vacating the premises or is not paying the rent timely, file eviction petition against him before Rent Controller of your area and do not take law in your hands otherwise his claim to occupy your factory shall become firm.


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