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Smita_L01042008 (student)     21 December 2009

can complaint be filed

1. a person had given blank cheques against legal liability.

2. meanwhile dispute arised between the party with respect to liability.

3 person who gave blank cheque had wrote a letter to other party not to present cheques and also about stop payment of blank cheques till the dispute is resolved.

4. his liability is still outstanding and recoverable.

kindly guide whether blank cheque can be presented to proceed under section 138 of NI Act against him even though he specifically mentioned about making stop payment and dispute is referred to appropriate authority.


 2 Replies


By court order only payment of cheques can be stopped in the bank.

Raghav Sood (Lawyer)     21 December 2009

give notice US 138 by appointing a lawyer

file compliant before JMIC

sometimes these instruction are given to bank in order to evade liability

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