stop payment of cheque

Querist : Anonymous (Querist) 29 May 2010 This query is : Resolved
I issued a cheque as a advance for rent for month of june2010 on 26/5/10 dated 28/5/2010.on realizing that land lord was not good i stopped the payment of cheque on 26/5/2010.no written agreement was done.landlord was informed same day and asked not to present the check.HE HAS PRESENTED IT AND AS PER MY INSTRUCTIONS PAYMENT HAS BEEN STOPPED.CAN I BE SUED FOR THE SAME

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 29 May 2010
Even after intimation to the owner regarding stop payment of cheque he can sue you,but it is your duty to defend yourself by producing the intimation given to the land owner regarding stop payment.

Adv Archana Deshmukh (Expert) 29 May 2010
If you receive a notice u/s. 138 NI Act, do reply it promptly and properly making your side clear that the landlord was informed on the same day about it and was asked not to present the cheque and still he did it and so your liablity does not arise.

Pankaj Kundra (Expert) 29 May 2010
Yes you can be served a notice u/s 138 NIA, prompt reply to the notice should be sent

Krishnamurthy Ramdas Iyer (Expert) 29 May 2010
you are not indebted to the land lord as you hv not used his premises.
138 is not applicable
u can take this stand

Guest (Expert) 29 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE POST DATED CHEQUE AND STOP PAYMENT KINDLY NOTE THAT.

1.AS INSPITE OF INSTRUCTIONS OF NOT TO PRESENT THE CHEQUE,THE OTHER SIDE INTENTIONALY PRODUCED THE CHEQUE AND GOT IT DISHONOURED.
2.YOU MAY KINDLY NOTE THAT HE WILL ISSUE YOU A LEGAL NOTICE AND DEMAND THE MONEY OF CHEQUE.
3 YOU HAVE TO REPLY AND DENY ALL ALLEGATIONS AND NO LEGALY ENFORCEABLE DEBT.
4STILL THE OTHER SIDE MAY FILE THE COMPLAINT UNDER SEC.138 OF N.I.ACT AND WILL GET THE PROCESS ISSUED AGAINST YOU .YOU MAY GET THE SUMMONS OF THE COURT THROUGH POLICE DEPT AS PER THE PROCEDURE.
5YOU NEED NOT BE AFRAID OF POLICE AS THEY WILL SERVE THE SUMMONS OF COURT TO YOU AND WILL GIVE YOU COPIES OF COMPLAINT WITH THE SUMMONS OF THE COURT TO APPEAR ON NEXT DATE OF HEARING GIVEN ON SUMMONS WITH SURETY.
5ON THE GIVEN DATE YOU MAY APPEAR IN THE COURT WITH SURETY AND GET BAIL.
6 THEN YOU MAY SUBMIT A DISCHARGE APPLICATION TO THE COURT ENCLOSING THE RELEVENT DOCUMENTS AND ALSO THE LETTER INSTRUCTING NOT TO PRESENT THE CHEQUE AND OTHER RELEVENT DOCUMENTS.
7COURT WILL HEAR BOTH THE SIDES AND MAY DISCHARGE YOU FROM THE CASE.
8YOU MAY FILE A WRIT PETITION IN THE HIGH COURT UNDER SECTION 482 OF CRPC FOR QUASHING THE COMPLAINT UNDER SEC.138 OF N.I.ACT.

YOU WILL SUCCEED.
YOU MAY WRITE OR CALL /SEND SMS WILL HELP YOU
THANKS.
YOU

Surrender K Singal (Expert) 30 May 2010
Cheque Drawer has only informed the Drawee verbally not to present the cheque for payment that was not due in the absence of any agreement or services (never availed);
Initial notice from the drawee has to be very clearly replied to;
Instead, the Drawer could notify the drawee about his verbal intimation for not using the said cheque and pre-empt any notice u/s 138 of N I Act;

Arvind Singh Chauhan (Expert) 30 May 2010
If we go through the plain language of Sec 138, Stop payment is not covered under this section. He may sue you in other laws for recovery of money, 420 IPC etc.