Regarding Section 138 of Negotiable Instrument Act and 420

 the rent receipt was issued in whose name????

Rent receipt was issued in name of girl. She also cleverly took benefit u/s 10 of Income Tax Act, by showing the HRA receipts of Start and end month of the Financial Year for consicutively 3 years for amount of Rs. 225000/- in total.

From 1 Lakh loan (white cheque directly issued to Postmaster by me) she took NSC for tax saving.  We managed to get her Income Tax returns some how and HRA and other tax benefits are also hilighted there.

Nice incident,

she did the job very cleverly, you can go for  138 NIA, & 420 also, you should have the evidence to proove that , she had a liabilities to pay you, 

the important thing is she can prove it that ,she maid the rent payment by  cash only,  be careful

how can she prove that rent is paid in cash ? source of income ? bank debits for regular cash withdrawals ?

show rent receipts for rest of months ?

she is already facing TEP in IT dept.

I managed to get her salary details,  ITR and Form 16 since 1999.

Bank statments from Year Jan 2004 onwards.

 i dont thnk u can file 138 against her....coz rent bill was issued in the name of the girl & the cheque was given by her father so there is no legal liabilty that u can prove.......u can go for 420, breach of trust......u can also file civil suit against her for eviction from the tenanted premises......

Dear Shweta, what is your rationale behind your thinking ?

Cheque was signed by girl from her SB account and was sent by her father.

why it would not attract s.138 but it wud attract s.420 and s.406?

Dear Shweta, civil suit is ok, but why eviction ? seems you have not read the brief as mentioned above. Her tenancy was from aug 04 till Mar 07.

 oh ok.....u didnt mentioned its 4m her a/c then yes u can sue her u/s 138....

DEAR CHETAN,  YOU CAN FILE COMPLAINT U/S 138 OF N.I. ACT. SECTION 420 OF I.P.C. WILL NOT ATTRACT.