stop payment by drawer

Querist : Anonymous (Querist) 03 December 2009 This query is : Resolved
dear sir
i want to know about negociable instrument act section 138
i issue cheque to the party but party cheated me so i was stop payment
party issue me notice under section 138
return memo was issue by bank stop payment
by drawer i have also sufficient fund in bank account
what can i do?

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Adv Archana Deshmukh (Expert) 03 December 2009
No need to worry, if you have stopped payment for some justified reasons i.e. you did not owe any legal liability towards the other party because of cheating etc., and also were having sufficient funds in your bank account. Give proper reply to the notice through your advocate.