Stop payment of cheque
Jee Education
(Querist) 24 September 2011
This query is : Resolved
Three cheques were given to me by one person as repayment of loan taken from me. The cheques are supported by a promissory note. The first cheque was taken back by him after paying cash of the same amount. The second cheque was deposited last week and bounced with a note 'Payment stopped by the drawer' The thrid cheque is not deposited so far.
1. What is the legal standing of issuing a notice to him under Sec 138 of NI Act?
2. Can I send the notice from my permnant address at a different location?
3. Is it necessery to give a notice to me before he stops payment of the cheque?
4. If so, What will be the legal position (a) if such letter returened as I have shifted residence (b) if he has not issued such a letter at all?
Please guide me. Thank in advance
Jeevan
Sankaranarayanan
(Expert) 24 September 2011
very simple that you send the legal notice through by your legal adviser first to him/ her. you can send from your present address too.
For your notice they have liable to give reply with in stuplated time failing which u can file a case u/s 138 NI Act.
Any have they are liable to fullfil or pay your due with course of time, if they make delay then they have to give with approprite rate of interst.
all are subject to your legal action.
IF any one give stop payment then they have answerable with reason of stop payment
prabhakar singh
(Expert) 24 September 2011
Notice has to be sent demanding payment of cheque bounced which can be sent from your new address also but you do need personal services of a lawyer as you shall not be able to handle the matter on your own since it is notice the non compliance where of constitute the offence.
Jee Education
(Querist) 24 September 2011
The idea is to send the notice from another state and thus force him for early payment, if a case can be filed at that place to make it inconvenient for him to attend the case there.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 September 2011
Thank in advance sir you have to cross many bridges before you can get any final order from courts.
