Maan (None) 23 June 2014

Stop payment of cheque - receipt dispute with landloard

Hello Experts ,

I rented home on month of feb 2014 , and also paid full month security to landloard , my rent cycle was 8th to 8th of month. I also have rent agreiment . I always pay monthly rent by cash.

on 28th of May 2014 I told my landloard that I will vacate his house (giving him 30 day notice period ) and will vacate on or before 28th of June.

Landloard agrees on it , but on14th June , the day I was moving to another home , landloard told me that he will only consider one month notice period starting from 8th of June , insted of 28th of May.

So , he will not adjust any electricity charges from my balance security . That's why I have to pay near about Rs.6000 , I agrees on it , and ready to pay by cheque , I asked for rent Receipts indicating his PAN number so I will able to claim HRA.

Today , I visited his home and give cheque , after receiving Cheque of Rs.6000 , he refeused to give any rent recipts.

That's why I give Stop Payments instructions to my bank .

Experts Please let me know what I can do now , if he files any suite against me. I am ready to pay Rs.6000 , if he will provide me rent receipts. He is a Govt. servent.

I also have their mobile phone voice recordings with me where they commit to provide me rent receipts.

Regards

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3 Replies

Krishna. Advocate (Advocate) 23 June 2014

The object Of NI Act is to ensure credibility in bussiness transactiuons .If a person issuing a post-dated cheque stops its payment by giving instructions to the drawee or the bank before the due date of payment, he would be liable for penal consequences under Section 138 of the Negotiable Instruments Act.

If due to stopping of payment a cheque is dishonoured, that case is also covered under Section 138 of the Negotiable Instruments Act, if other requirements of that Section are complied with. This is settled position of law,"

Whatever may be ground or reason on the basis of which the cheque is dishonoured by a bank, whether it may "stopped payment by drawer" or "signature differ" or any other ground, an offence under the section is made out and the drawee has full right to initiate proceedings.

coming to the part of landlord is not issuing the reciept ,In each and every state has its own Rent Act and the premises of a person/tenant/landlord are governed by the rent act governing that place.Rent Act of your State have to be perused.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 23 June 2014

no need to worry when your landlord will send legal notice to you then send him a strong reply of notice within 15 days through lawyer.

feel free to call

Sunil S Nair (lawyer) 19 July 2014

Stopping of cheque with sufficient funds in bank with valid reason does not attract 138 when proved rest everything is in your favour so no need to take any action from your part