Stop payment of cheque
samir
(Querist) 22 May 2012
This query is : Resolved
I am working for real estate firm. One my my client issued cheque to book a property..After giving cheque he used to tell me to deposit it little later and when he okeyed it later on he got cheques stoped online then again he issued cheques second time and then again he issued stop payment instructions. I agree its a protection tool for retail client but dont you think using it intentionally after issuing cheques and confirmation it should be penalised. It not only wasted lot of time but also incurred loss in terms of further business relatioships and financial losses. Pl advise if is there any legal remedy in India against using stop payment instructions continously two times intentionally.
Nadeem Qureshi
(Expert) 22 May 2012
Dear Querist
you can send a legal notice and demand compensation from him for mentaly harassment
Feel free to call
Shonee Kapoor
(Expert) 23 May 2012
Issue legal notice within 30 days.
File a case against that person u.s 138 NI Act.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R Trivedi
(Expert) 23 May 2012
Since your client issued this cheque to book a property, so it was kind of an advance. I am sure in absence of realisation of this cheque, no property sell would have taken place even on paper.
Section 138 Of NI Act is not applicable.
K.K.Ganguly
(Expert) 23 May 2012
Has any dischargable liability been created on the issuer of the Cheque? If not then this dishonour of cheque will not come under section 138 of N.I. Act.
You can cancel his booking based on his such dishonour of cheque.
samir
(Querist) 23 May 2012
but what about mental harrasment...he lied me that he is not sufficient funds in his account he had given 2 lac cheque while 4.08 lacs was available in his account...its cheating and if he is doing stop payment regularly two times intentionally then there must be some legal remedy...otherwise he will carry on this kind of act with somebody else...
ajay sethi
(Expert) 23 May 2012
samir
wheels of justice move slowly. you ahve to contact alocal lawyer .let him go through the case papers . whether case for cheque bouncing is maintanable . ?whehter and debt is due and payable
J K Agrawal
(Expert) 23 May 2012
Lodge an FIR foe causing wrongful loss to you by him.
File a civil suit for damages under s 73 in Indian Contract Act.
cancel the agreement or go for specific performance which ever is suitable to you.
File an complaint under section 138 NI Act.
