Legal Question in Real Estate Law in India

i had taken a place on rent for shop for 3 years with a lock in period of 01 year. I had given a deposit of 3 months and 12 post dated cheques towards the advance rent. lease deed was made by the landlord on Rs 100 stamp paper and registered lease deed. The original lease deed is with the landlord only. Due to recession I had to vacate the premises after 09 months. before vacating i had given one month notice to the landlord. My 03 postdated cheques were with the landlord for which I had sent a written letter again a month in advance stating not to deposit the cheques as i would be vacating the premises. Upon vacating the premises possesion letter has been taken from the landlord as well. after all this landlord still went ahead and presented my cheques towards the rent for the office which I have already vacated stating that as per the lease deed, due to one year lock in period i have to pay for those balance 03 cheques as well. Landlord has now sent me summons under 138 act towards those 05 cheques. kindly advise if i am liable to pay the same if i have not utilised the place only and the lease deed was also not registered.

Asked on 4/09/12, 8:17 am

Shrichand Nahar S.V.Nahar, Advocate

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If you are in a position to prove that there is no legally enforceable debt or liability, then prosecution under section 138 NI Act will fail.

Answered on 4/09/12, 10:28 pm

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