Legal Question in Criminal Law in India

Hello,

Its regarding s.138 of Negotiable Instrument Act, 1881 with all amemdments till 2002 read with 420 IPC.

I'm Based out of India NCR Region.

Brief:

1. In June 04, Girl along with mother begged us to give the house on rent in delhi( Mother's played important role and was lead)

2. Girl issued Rs. 35000/- as security money and advance rent in June 04 . Tenancy started at Rent 9900/- p.m. in Aug 04.

3. Girl din't payed any rent inspite various followup.

4. 2 Rent receipt issued to her was only on Aug 04 and March 05. Rent Paid for 2 months only

5. Then next 2 rent receipt issued to her was on April 05 and March 06. Rent Paid for 2 months only

6. then next 2 rent recipt issued to her was on April 06 and March 07. Rent Paid for 2 months only

7. I had rent due for around 2.5 Lakhs and additional 1 Lakh which girl took from me and Aug 04.

8. Various follow up to pay the due amount failed and girl ran away.

9. Notice was served on 30.12.2009, which was receive by the girl and her parents.

10. 20.01.2010 girl send the cheque meeting the demand of Rs.6.18 lakhs to meet her liability.

11. cheque bounced on 26.01.2010.

12. 27.01.2010 demand notice served.

Question:

1. Apart from action against girl as per s.138 of NIA can:

a. 420 ber filed on her.

b. On her father ( as he had dispatched the cheque)

c. Mother (she is the one who pleaded to get the house and assured the timely rentals.

Looking forward.

Chetan


Asked on 2/01/10, 2:41 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

a complaint u/s 138 can be filed against the executor of the cheque only and no grounds are made out for complaint u/s 420 of IPC. you may also file a suit for recovery of your rent and eviction.

Read more
Answered on 2/03/10, 11:03 pm


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