cheque case- account closed- stop payment

Advocate.S.A.Siddiq (Querist) 16 January 2010 This query is : Resolved
bank account closed - Stop payment by drawer - IS these categories are comes under 138 N.I. Act ?

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K D Pande (Expert) 16 January 2010
Yes definately.
M-9823090261

Arvind Singh Chauhan (Expert) 16 January 2010
Recently Uttarakhand HC held that " Stop payment dosen't attract 138 NI Act. Find the attachment and go through, to some extent reasons given by honble HC seems to be bold.

B K Raghavendra Rao (Expert) 16 January 2010

Strictly speaking under Section 138 of NI Act, the account should be operative and drawer should have insufficient funds for clearance of cheque.

However, courts are adjudicating complaints regarding the nature of cases mentioned by you.

Sukhija (Expert) 17 January 2010
stop payment do attract 138 of NI act, but to prove case it has to see if there is sufficient amount in account,valid reason for stop payment etc

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