anson manoj (oiler) 09 October 2015

stop payment letter

During a trial in no 138 case;accused producing a copy of stop payment letter; bears a date seal of bank; without any initial or acknowledgemeant of any staff from the bank;is that letter admissible as evidence. Cheque was bounced with reason insufficient of funds

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2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 09 October 2015

Complainant needs to oppose the said documents. let the banker gives the statement whether they had acknowledged the receipt or not (stop payment letter) and that they have subsequently acted upon it or not?

Also your lawyer needs to question the accused and its banker about the clear balance in the account of the accused on the day when the cheque was dishonoured by the banker of the accused.

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

SAINATH DEVALLA (LEGAL CONSULTANT) 09 October 2015

In addition to the above legal experts, the banker also has to be summoned along with that particular days statement.Mere giving a stop payment letter the court will not obsolve the accused not guilty.Ni Act cases are based only on technicalities.