Legal Question in Banking Law in India

Sir - I had a tenant who borrowed Rs25000.00 (on a promissory note for 6 months) and gave me chk Rs 15000.00 (post dated) and told me he will pay 10000.00 as he go along. Recently (after 18 months � upon due date) his 15000.00 check was bounce (saying stop payment) and neither I received Rs 10000.00 and meanwhile 3 months before he vacated my house also (no info abt his intention). I do know where he lives now. And he is informing my relatives about stop payment via phone but not to me (no notice etc). What are my legal rights about this issue like 138/crimanal/cheating/etc? I want to take strong action. (I hv all documents in order) Thanks.


Asked on 1/13/10, 12:33 pm

2 Answers from Attorneys
J. Radhakrishnan independent Practice

You must some how or other find out his present address to issue him the notice required under Sec.138 of the N.I.Act. Better consult local lawyer with all the documents you have. More important is to find out his whereabouts. you can contact the Bank on which he issued the cheque to get some details about his whereabouts. This has to be done discreetly.

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Answered on 1/15/10, 4:50 am
Nandita Haldipur Haldipur Associates

you need to get his adress as for filing a 138 case you need to issue a notice ot him before filing the same

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Answered on 1/15/10, 5:23 am


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