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Rajan Singh (Manager)     26 September 2016

Bouce cheque

Hi,

We had  done a  registered lease agreement with our tenant for leasing out our commerical office space in South Delhi.

Now, for last 2 months tenant has not paid the rent, the post dated cheques given by him are bounced.

He is neither taking calls and not answering to any messages.

Morever, since keys of office was with his staff , they removed the entire decor/furiniture including items given to them at the time of leasing the office.

Now what legal options we have to pursue this?

Do we need to make a police complaint or some other course of action we can take?

Is there any bounce cheque offense also under which we can put up a complaint?

Pl sugges!

 

 

 

 

 



Learning

 4 Replies

Rajan Singh (Manager)     26 September 2016

Also the lease was registered in court. Thanks

Rohit Subbayya (Advocate)     26 September 2016

You have to give a legal notice and then file a criminal complaint under Section 138 of Negotiable Instruments Act. Please contact a lawyer to get the notice drafted and issued.

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     27 September 2016

Get the Memo from Bank, check reason for Cheque bounce.

Send legal notice and wait for 15 days.

If no response file Criminal Complain in Court u/s 138 NI Act.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 September 2016

At the first instance file a criminal complaint in the police station against the establishment.Process under NI Act will take time to conclude even if the other party is available.Hence as they have disappeared rush to the police station immediately.


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