1) if cheque is dishonoured on presentation issue legal notice under section 138 NI against dishonour of cheque . stop payment amounts to dishonour of cheque

2) if payment is not made file 138 NI case for cheque dishonour

3)file case of cheating , criminal breach of trust against landlady for refusal to return security deposit

4) you can also file summary suit under order XXXVII of CPC for recovery of security deposit against mother

5)your signed copy is sufficient to file case

6) cheque bouncing cases take 5 years to be disposed of

7) summary suit results would be faster as court would direct landlady to deposit amount in court within one year

8) tenant is the wife organisation . legal proceedings have to be taken by the organisation for recovery of SD

1 Yes, it is same as dishonour of cheque and hence on this basis you can file case of cheque bouncing.

2. Any of them can send notice.

3.Yes

4.Yes

5. file case of cheque bouncing, criminal trespass,burglary,cheating etc.

6. Cases prolong for some time and it would be anything between 2-5 years.

1. Stop payment is equivalent to dishonour of cheque due to insufficiency of funds in the account of drawer. The prosecution of the drawer can thus be launched. A criminal case for cheque bounce is lade out against the daughter whereas a lawsuit for recovery of money will have to be filed against the landlady.

2. Within the sweep of the agreement the notice by the daughter of landlady is sufficient.

3. The original copy is always retained by the landlord, a copy thereof is valid.

4. The only remedy for you is before the criminal and civil court. You can launch the prosecution of landlady's daughter for cheque dishonour and also file a civil suit to recover the deposit with compensation against her mother. Police has no role to play in this.

5. The time frame for the disposal of the case would be subject to the backlog of cases in the concerned court.

Your case is fit case for filing 138 Negotiable instrument act . For getting the return of advance amount you can approach the civil court and also challenge the unauthorised deduction of money. Before filing the complaint check the person to whom you entered in the agreement for rent and to whom has provide the check.(Whos cheque).The photo stat copy is sufficient for filing the case ,the same may be mention in your petition. 138 case is faster than other litigation process.

Hi, as the landlady has issued the Post dated Cheque and you can present the same to your bank on that date, suppose if the cheque is dishonored then you can file a complaint under Section 138 of the Negotiable Instrument Act.

2. As per law once the cheque is issued it is for consideration so you will get your money but you must have patience and you have to file a case in the court.

1. If the cheque is given stop payment, is it considered same as dishonoring the cheque and can we proceed with criminal case- If we are proceeding with a case, do we need to raise separate cases one against daughter for dishonoring the cheque and another against landlady for not returning the security deposit

The cheque dishonor case can be filed against whosoever has issued the cheque, but remember that the daughter not being a party to the agreement, you should not have accepted the PDC from her account because there is no legal liability on her therefore sh need not pay you the cheque amount so your case may not succeed. However you can file a case against the landlady for recovery of entire security deposit amount with interest.

2. Is the notice by landlady is mandatory or her daughter’s is sufficient since it is mentioned in agreement that she or her legal successors can get the tenant vacated

The meaning of she or her legal heirs means in the absence of the landlady the legal heirs can step into her shoes i.e., after the demise of the landlady. Therefore during the life time of the landlady only her notice can be held as valid.

3. The agreement original copy is with landlady, is it legally valid if we have a signed copy only

Yes, it is valid.

4. Police has asked to acknowledge in petition that I have received the amount. I had clearly mentioned it as postdated cheque subjected to realization-Do I need to raise a fresh complaint and mention about dishonouring of cheque and regarding the breaking of lock

Yes you can make a police complaint against it and can also claim that your valuables kept in the house is missing since the lock is broken, so there is a suspicion of burglary and the suspects are the daughter and the landlady. This will really create problem for those people who will rush to compromise with yo including returning the entire amount..

5. Is there any other legal recourse which we can take to get the money refunded?

Yes, you can file a money recovery suit. you may also drag the landlady into the criminal case for cheating.

6. In general what would be the duration of cases of this nature and the expenses which we may have to incur?

The time taken for disposal of such cases cannot be predicted, usually it should be disposed within one year, but it depends on various factors.