Check stop payment

sunil kumavat (Querist) 11 December 2015 This query is : Resolved
i have deposited cheque which the party given instruction to STOP PAYMENT . can this be treated same way as that of cheque bounce or is there is any other procedure to handle

please guide .

sunil

Follow Query

Report Abuse

SAINATH DEVALLA (Expert) 11 December 2015
If the stop payment is made and if the account has insufficient balance on the day of clearing section 138 NI ACT comes into picture.

sunil kumavat (Querist) 11 December 2015
thats means i can file case u/s 138.

thanks

Kappil Cchandna (Expert) 11 December 2015
Sir,

Initially you need to serve a legal notice and then u can file 138 case .... Warm Regards
Kapil Chandna Advocate
9899011450

Rajendra K Goyal (Expert) 11 December 2015
The process is time bound and notice has to e served first.

T. Kalaiselvan, Advocate (Expert) 19 December 2015
You can very well proceed with cheque bounce case as per the provisions of the section 138 of NI act.

sunil kumavat (Querist) 21 December 2015
thanks sir, is the time limit is with in 30 days from the date of cheque bounce, and if notice is not send within 30 days what is other way . please guide.

sunil

SAINATH DEVALLA (Expert) 21 December 2015
The payee makes a demand for the payment by giving a notice in writing,
within 30 days of the receipt of information by him from the bank.
The drawer fails to make payment of the said amount of money within 15 days
of the receipt of the said notice.
Complaint is made within one month of the date on which the cause-of-action
arises.