PLEASE URGENTLY advice me, my landlady had given loan to my husband and he lost job and cud not make payment, we are in very very bad financial condition, she is aware. she has given us notice to vacate the flat and threatened to do a case against us 138 after we go to new place,she is even telling that there also she will create fuss so the new owner will kick us out. she is knows we are poor condition with no money no house, no savings and properties or job. We are managing our daily routines by 1 friend help like rent and bills etc...and she[land lady] had mental tortured us also a lot. my husband said, let me get stable in financial ways and will pay, but all his request in vain. now we have to vacate the flat and also fear she/ and her husband will do a cheque bounce case and also create a fuss in our new home if we find one.please advice, since we cant pay her now, she is saying do anything but i want my money or be inside the jail and also be ready to get kicked out from where u find new place i will make to hell for u., what should be done under this case.how can we avoid cheque bounce case , b/c now we cant pay as we really don't have, everyone in the society also knows our condition. Please help
Asked 4 years ago in Criminal Law from Mumbai, Maharashtra
Make GD before PS against this lady,and contest the case u/s 138 NI Act,andin case this lady go overboard ,lodge complaint case before concerened Court
Has your husband issued a cheque to your landlady? A case of cheque bounce can be filed only if a cheque has been issued and bounced.
Since you are the tenants in this property you cannot just be thrown out. In order to evict you and your husband from the flat your landlady has to file a case for your eviction in the court. Unless and until the court passes an order of your eviction you have an indefeasible right to stay in the flat.
If you are being harassed in any manner by her then file a complaint in the nearest police station.
pls under stand that she can not get her money by sending you in lail,try to solve amicably on these lines
Advocate, New Delhi
Give a letter to the bank as well as to the police explaining your position and not to handle the cheque as you have no balance now. She has no right of torture. Be bold and clearly speak about your position.