Legal Question in Education Law in India
a suit for cancellation of lease deed was filed. and the lease got cancelled in september last year, and lessee asked his bank to stop honouring the cheque of lessor, but the lessor keep depositing the cheque in the bank every month since, and when the cheque gets dishonoured he files a suit under sec 138 of negotiable instrument act everytime. please provide me the possible remedy.
2 Answers from Attorneys
when the lease got cancelled, was the bank a party to it? if the cheques are being deposited in derogation of court orders, it is a good defence in 138 and a contempt may also be filed.
23.05.2013
Dear Sir / Madam,
At the time of cancellation of the lease deed, the lessee ought to have taken back all the remaining cheques for the further period from the lessor. Now, the lessee will have to argue his Section 138 case explaining the above.
Regards,
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