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Stop payment of cheque (Criminal Law)

This query is : Resolved

Author : shekar

PRO CHAT CALL

Posted On 04 June 2012 at 14:33

Dear Expert,

I have given a cheque to one landlord as initial advance for house deposit, on the same day I found the facility what he told were not actually present, hence I asked my banker to stop payment.

I have asked the banker to stop payment on the same day when I gave cheque to him, till date I have not taken possession nor signed any agreement.

That landlord is threatening of legal action, is it possible.

Expert : varun mathur

PRO CHAT CALL

Posted On 04 June 2012 at 15:08

No, the landlord can not take any legal action as there was no agreement.

Expert : ajay sethi

PRO CHAT CALL

Posted On 04 June 2012 at 15:17

cheque was not issued in discharge of debt due and payable . no agreement has been signed with landord . before landord issues any notice place it on record the aforesad facts

Author : shekar

PRO CHAT CALL

Posted On 04 June 2012 at 15:26

Thank you very much....

How to put aforesaid facts into record ....

Thanks in advance

Expert : ajay sethi

PRO CHAT CALL

Posted On 04 June 2012 at 15:32

in letter mention that cheque was issued for ________drawn on ____

you had mentioned the society wherein flat was located had following cailites .after inquires found no such facilites existed .

hence after prior intimation to you stop payment instructions were issued . cheque was not issued for debt due and paybale as no preimses hav been taken on rent

Expert : adv. rajeev ( rajoo )

PRO CHAT CALL

Posted On 04 June 2012 at 15:50

Issue letter to the bank stating the reason to make stop payment with cheque number. Post the same to the landlord.

Author : shekar

PRO CHAT CALL

Posted On 04 June 2012 at 16:19

Dear Expert Thank you very much

Expert : sankar narayanan

PRO CHAT CALL

Posted On 04 June 2012 at 17:00

I do agree with al experts.

Expert : Ashish Davessar

PRO CHAT CALL

Posted On 04 June 2012 at 17:18

Nothing more to add.

Author : shekar

PRO CHAT CALL

Posted On 04 June 2012 at 17:47

I don't know the address of the house owner, even if I ask I seriously doubt that he will give the correct address,

Whether giving the intimation to bank alone is sufficient or it is mandatory to give the intimation to the landlord also, kindly advise...

Thanks..

Expert : ajay sethi

PRO CHAT CALL

Posted On 04 June 2012 at 22:00

necessary to give intimation to landlord .

Expert : R Trivedi

PRO CHAT CALL

Posted On 05 June 2012 at 09:43

Few questions:

1. Has the cheque already got bounced ?
2. Have you received the legal notice ?

If the cheque has already got bounced and he has given you the notice stating the true fact, then you do not have to worry, as the cheque was issued for no liability.

If he has taken some other stand in the notice, like loan etc, then you have to fight the case.

In any case write the letter as suggested above to safeguard yourself in future.

To all those who issue Cheques without agreement: Please avoid doing such thing.

Author : shekar

PRO CHAT CALL

Posted On 05 June 2012 at 11:17

So far no legal notice is received so far.
he only threaten to take legal action.

Facts of the case:

Given cheque and asked the banker to stop payment on the same day.

Sufficient balance is always in the account

No agreement was signed nor I have taken the possession of the house.

Thanks

Expert : PARTHA P BORBORA

PRO CHAT CALL

Posted On 05 June 2012 at 20:44

it is surprising that you do not know his residential add. How you communicated with him at the time of issuing the cheque?????? How he threatening u??? It also appears from your answer that you know him (..... There is a serious doubt that he will give his correct address........) !!!!!!!!!!!!!!! ?????????????!!!!!!!!!!!!!!!!!!!!