Rajesh (B.E) 26 November 2013

Legal notice for cheque stop payment

Dear sir/madam,

i have given a cheque to a party from my savings account an due to some reason i have asked for stop payment for the cheque,

For the above reason the party has sent me the legal notice via registered post with aknowledgement mentioning about the negotiation act and mentioning about payment within 15days

But there are error in the legal notice as follows

1. Error in spelling of name('Ramesh' instead of 'Rajesh')

2. Error in bank name of the given cheque ('state bank of india' instead of 'state bank of travencore'.

3. Error in date mentioned on the cheque.

should i give a legal reply on the same or drop it.

please help me in above matter

thanks

Reply Follow

6 Replies

Pooja Hegde R. (Advocate) 26 November 2013

In my opinion, the said party has tried a fluke with you to see your reaction. I can say this because the Lawyer fraternity is very careful with facts which they write in a legal notice.

Prasun Chandra Das (Banker) 26 November 2013

The letters 'm' and 'j' are adjacently placed on the keyboard, so it could be a typing error as far as the name is concerned.

I think you should definitely reply to the notice/letter stating that (i) your name is XX and not YY, (ii) you assume that the addresse name in the notice was misspelt and was intended to be served on you, (iii) you, XXX, have not issued chq no.___ dtd ___ drawn on ___ bank to the person, and (iv) due to the factual mistakes in the notice you refuse to treat the notice u/s 131 of the NI Act.

I think you may write such a letter without any Avocate's help. But then, it might be better to discuss the matter with an advocate, if you think that a notice with correct details is going to come soon :)

Rajesh (B.E) 26 November 2013

what should i do next?.,

R Trivedi (advocate.dma@gmail.com) 26 November 2013

Why did you issue the cheque and what is the amount involved ??

Did you sign the registered AD portion ?? And who received the notice ??

M S Krishnamohan (Retired) 27 November 2013

Sir, You should tell some of the facts of the case. Because, by simply stopping the payment of a cheque issued by you to a third party
against valid consideration, your liability does not extinguish. So please tell us the facts briefly.

Rajesh (B.E) 28 November 2013

i issued the cheque to a party against loss occured for amount of 50000Rs. And cheque was issued on dated 05/10/2013 which was presented on 1/11/2013 for which i have made the stop payment as i was willing to place case in court but now i have nethier money nor i have power to fight the case in court. Therefore now i am in dilama what to do

with regards

rajesh