Stoppage of cheque payment
vijay
(Querist) 18 August 2015
This query is : Resolved
I have given our flat on rent in Kolkatta. Recently we got it vacated. At the time of agreement, party gave us few blank signed cheques of Rs. 20,000/-each (4 Nos) as security. He vacated the flat without paying us one month rent i.e Rs. 20,000/- and promise to pay this amount within a month through RTGS in our bank inspite of several reminders he is not paying money as we are residing in Delhi.
Now we have to come the security cheques from HDFC Kolkatta have been stopped by him. Kindly tell us how can we recover our payment of Rs. 20,000/-
He has given a written statement in his hand writing that he will pay our dues Rs. 20,000/- within 15 days but he didnot
Chanchal Nag Chowdhury
(Expert) 18 August 2015
Give a legal notice & file application u/s 138 of NI Act. Alternatively, file a summary suit under Order 37 Rule 2 CPC.
vijay
(Querist) 19 August 2015
Sir,
Agreement papers was from Delhi. Notarised was from Delhi. Cheques given by the party(Tenant) are from Kolkatta. Our property is also in Kolkata. So suit will be filed in Delhi or Kolkatta.
Kindly guide.
SAINATH DEVALLA
(Expert) 19 August 2015
Where did U present those cheques for realisation?
Rajendra K Goyal
(Expert) 19 August 2015
If the cheque are current / have time for presentation, deposit the same at Delhi, if bounced, file suit in Delhi.
malipeddi jaggarao
(Expert) 19 August 2015
Just for recovering Rs.20000/- if you initiate legal action by giving notice and filing suit, you loose good money against the bad one. Try to persuade him and settle the matter amicably. If there is no result for your efforts, simply forget. As regards cheques on hand, you should have deposited the cheque immediately after the failure of first promise. Now he has stopped cheques. The cheques will not be useful for invoking Sec.138 of NI ACT.
