Cheque dishonour

Querist : Anonymous (Querist) 14 November 2011 This query is : Resolved
we have a private limited company.we sold a material to buyer cost rs 162089 dated 27-09-2011 on same day payment basis.He gave us 3 cheques of rs 71020 dt 20-10-2011, rs 32000 dt 20-10-2011 and rs 70000 dt 10-11-2011. Out of 3 cheques we deposited 2 cheques dated 20-10-2011 to our bank but they were dishonoured due to reason exceed arrangments.After that he didnot give us date for deposit the cheques.We personally enquired in his bank what is status of cheques then they replied us that the concerned party has stopped payment all these three cheques.
my question is that can his bank can make stop payment of a dishonoured cheque?also what legal action we can take in this regard to recover our due amount.
thanx
nitin jain

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ajay sethi (Expert) 14 November 2011
consult a local lawyer . you can file complaint under section 138 for cheque dshonour . it is immaterial whether cheque dishonoured on grounds exceeds arrangements or stop payment .

Sankaranarayanan (Expert) 14 November 2011
if you supplied material already then those payment are related to your supply then what purpose they given stop payment. you send the legal notice to them if the buyer not given proper and satisfactory reply .;
Seek a lawyer and ask to send notice .

Rajeev Kumar (Expert) 14 November 2011
I do agree with above experts

Shailesh Kr. Shah (Expert) 14 November 2011
Consult local lawyer immediately, you have to send notice within 30 days from the date of knowledge of cheque bounce. its seems more than 20-25 days already passed.

Raj Kumar Makkad (Expert) 14 November 2011
It attracts not only 138 NI Act but also a deficiency of service on the part of bank. You can also file a separate complaint against bank.

prabhakar singh (Expert) 15 November 2011
Your rights are three fold.
One is civil suit.

second is to proceed through a criminal complaint u/s138.
But for it it is necessary that your bank has intimated you in writing that the cheques could not be collected due to "stop payment"advise of the drawer.

Where after you need to serve the drawer of the cheque a registered notice calling upon him to pay the amount due under the cheques in question and should drawer fails to pay with in 15 days from receipt of your notice,a cause of action for your
complaint u/s 138 strikes.

You can also proceed against your bank if it is not ready to tell you the cause of dis collection of cheques for which you should ask them in writing by a registered letter that too only when some collection charges are involved and the service of collection is not free of cost by your bank.How ever you have no claim to sue drawers bank.A circumstance may be there that cheques are loosed uncollected then both the bank could be sued under COPRA in
forum for damages.

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