Cheque bounce

Suraj Vishwakarma (Querist) 05 December 2016 This query is : Resolved
Dear sir please let me know if the check was issued and stopped for payment on account of debt can we file criminal complaint u/s 138 Will megistrat court will entertain the complaint. Please help with your valuable advice.

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Guest (Expert) 05 December 2016
Certainly and Obviously the Intention of stop Payment is nothing but cheating.The stop payment would be Legally Valid only if it is Done with Justifiable Legal Reasons to deny the Payment.Ofcourse the banker would state it as stop payment Instructions given but Legally the Borrower had committed an Offence of cheating by doing so.

Rajendra K Goyal (Expert) 05 December 2016
Complaint can be filed if cheque bounced on this ground also subject to merits.

Guest (Expert) 05 December 2016
Please narrate complete case history and your own concern with the debt.

Rajendra K Goyal (Expert) 06 December 2016
How are you related with this academic query?

Dr J C Vashista (Expert) 10 December 2016
Complaint for the dishonoured cheque for the reason, "payment stopped by drawer" u/s 138 NI Act, 1881 is maintainable and the Magistrate shall take cognizance to summon the accused.