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vivek (marketing)     22 August 2013

Cheque stopped payment

A cheque Post Dated cheque  was issued 5 years ago and instructions were issued for stopped payment ,the account had sufficient funds.No notice was issued by the drawee to the issuer but after 5 years since he is very influential man he straight away got a FIR registered.Please guide.

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 August 2013

Unless the cheque is deposited into bank in stipulated time, he cannot issue any notice to the issuer.FIR cannot be entertained.

vivek (marketing)     22 August 2013

The payment was stopped on the cheque 5 years ago the funds were available at that time in that account, the cheque was never deposited again no notice was issued within 15 or 30 days 6 months 1 year but suddenly after 5 years based on the stopped payment 5 years ago he got the FIR registered based on the same cheque. Please advise.

Advocate Sastry (Advocate)     22 August 2013

Deatails given by you are incomplete... Please explain your case properly.... Who issue the cheque, who has filed the FIR etc..

vivek (marketing)     22 August 2013

The FIR was registered against the person who issued the cheque .The cheque was stopped 5 years ago even though there were funds in the account the cheque was a post dated cheque after the cheque was stopped the drawee issued no notice but suddenly filed an FIR against the person who had issued the cheque 5 years ago and stopped payment on the cheque 5 years ago itself every thing happened 5 years ago(we should not forget the person who got theFIR registered is a very influential person) .I was under the impression the police or the court would not entertain the complaint after a certain time of the stopped payment has elapsed, there is a certain limitation for 138 or under any section.

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