Legal Question in Criminal Law in India

Re: misrepresentation of facts as defence in cheque bouncing

in given circumstance did you issued

notice stating misrepresentation / cheating by landlord and did you asked back your cheque after terminating the lease and vacating the tenanted premises?did you sent reply to notice issued after dishonour of cheque and stated all said facts? if yes then you can prosecute him on this account and can also claim damages from him.

for any other query cal on 9873343288

thanks.

siddharth

Re: misrepresentation of facts as defence in cheque bouncing

ladlord can be prosecuted for false prosecution and civil suit for damages can be filed.did you sent notice and claimed back your cheques after stating all said misrepresentation/cheating?did you terminated lease and vacated the premises?did you sent reply of notice issued by lessor after dishonour of cheques and stated said facts?the said details are required for a proper advise.

for any other query cal on 9873343288

thanks.

siddharth

thanks.

siddharth

Re: misrepresentation of facts as defence in cheque bouncing

You are thinking on a right track. your case is sqarely covered by judgment of high court and supreme court. you can prosecute him and make him yeild down to your dictates and further seek damages for your sufferings.

Re: misrepresentation of facts as defence in cheque bouncing

Sir, main thing is liability of rent has to be rebutted by the drawer of the cheque otherwise it is assumed in favour of the holder of the cheque. So, if lessee has continued to use the premises irrespective of the misrepresentation, then the liability to pay rent stands. However, the lessee has a seperate cause of actio for misrepresentation and taking benefit by the lessor which otherwise lessee may not have agreed.

Bhushan Arya

Re: misrepresentation of facts as defence in cheque bouncing

You need to find out the permissible users of the premises and not of the land. For example office of an Advocate or an Architect or a clinic of physician can be in a residential premises. Kindly check this. Further, even after learning about the restriction, if any, if licensee does not terminate the license and continues to use/occupy the premises, then he/she is liable to pay the license fees.