Chequ bounce -tenant - rent

1)For cheque bounce do follow mandate of section 138. Else any defective notice will absolve the court from accepting ur criminal complaint. 2) if leave and license termination and recovery is covered under special law law then issue notice and adopt recovery proceedings of the tenanted premises. 3) Law does not prohibit party in person from issuing notice or contesting matter as party in person

1)For cheque bounce do follow mandate of section 138. Else any defective notice will absolve the court from accepting ur criminal complaint. 2) if leave and license termination and recovery is covered under special law law then issue notice and adopt recovery proceedings of the tenanted premises. 3) Law does not prohibit party in person from issuing notice or contesting matter as party in person

Cheque issued by tenant against the due rent means against debt or liability and the same was bounced comes under the preview of sec 138 of N.I.Act so issue notice to tenant u/ s 138 of Act also issue notice for recovery of possession on ground of default to tenant.

yes this falls under the preview of sec 138 of N.I.Act so

 

I agree with Bhartesh.

Rajesh Kumar

to me, there are two different "Cause of actions".

1. for Eviction, Pre notice is mandatory as section 106 of T.P Act, to evict him from your place & arrears of rent for three months out of six months and the cheque can be used under N.I Act for collecting rent for the Specified three months out of six months.

the cheque has to be filed within  one month from the date of  stipulated notice and for the Eviction and recovery of posssession, after three months only.

Thus, 2 notice is essential.

 

2. If your are well efficent in law and procedure, you may issue notice and file can case on your own as "Party in Person". but, if there is any mistake committed in procudeure and law, you loose your money, time and possession too..

 

NIA Section 138 is suitable only for one time transaction. A tenant is a person with whom you will have continuous dealings. You can take action under NI 138, provided you take action to terminate his tenancy also.