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Kabir (AVP)     12 November 2011

Can you redeposit a "stop payment" cheque?

Dear All,

Is it possible to redeposit a cheque that has been authorized as "Stop Payment" by the issuer ? Can one re deposit the cheque again if the date of filing suit has gone by ?

 

Please advice. Many Thanks in Advance

 

Regards

Kabir 



Learning

 12 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     13 November 2011

YES, AND ISSUE NOTICE INTIME  TO FILE 138 COMPL:

Let bank issue any rtd memo reasons , it is valid reb chq.


(Guest)

NO. You can't redeposit the cheque. Fresh check is a must. If its a NIA matter, the issuer established his guilt by giving you the check and redoubled it by stoping payment. Its not a check bounce and if its a NIA matter then the issuer has landed himself in very serious trouble.

Kabir (AVP)     13 November 2011

Dear Mr Shroff, 

Thank you for your advice. Though i couldnt get much out of "Catty Women". Thank you for the time taken to answer my quire. Much Appreciated.

 

Best Regards

Kabir 

Dharmesh Manjeshwar (Advocate/Lawyer)     14 November 2011

As advised by Adv. Shroff ..... Yes U can re-deposit the cheque ..... if it's in the validity period of 6 months ......

and file cheque dishonour case against the payer after non compliance of the mandatory demand notice issued by you to him.

Kabir (AVP)     14 November 2011

Dear Mr Dharmesh, Thank you for your advice.

I had issued the notice under sec 138, but due to some ignorance from my attorney, the time limit has passed. is it   advisable to redeposit the cheque and issue her a new notice through a different lawyer ?

Thanks in advance 

 

Regards

Kabir


(Guest)

The validity period is now three months. Get the Check stamped "PAYMENT STOPPED". Refund it in his bank and as it'll not be refunded,the bank will write INVALID CHECK. You can try this also.

Dharmesh Manjeshwar (Advocate/Lawyer)     15 November 2011

Kabir, ........... Kindly be aware that once u have issued mandatory demand notice for a dishonoured cheque to the payee then u are estopped from presenting it again to the Bank for realisation ......

U cannot represent it and send a second notice ....... so u now cannot ttake action u/s - 138 N. I. Act ...... option now for u to file is a civil suit .......

1 Like

(Guest)

Wow! Wonderful answer.

Kabir (AVP)     16 November 2011

Thank you all, for your timely advise, "Thank you Mr Dharmesh"

 

Regards

Kabir

Dharmesh Manjeshwar (Advocate/Lawyer)     16 November 2011

my pleasure ...... Kabir ........... hope u are satisfied by the help provided by this forum ...............

umesh tiwari (advocate)     14 August 2018

noway oncs the cheque return with reson stop payment and notice not been issued the same can not reperesent again.

account closed and stop payment cheques can not deposit again.

UMESH TIWARI Advocate Ahmedabad

umesh tiwari (advocate)     14 August 2018

absolutly wrong 


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