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ABC (NA)     31 July 2014

N i act 138

dear sir how many time cheque was present in bank particular stop payment by drawer


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 6 Replies

santhosh.g. (advocate)     02 August 2014

If account closed or stop payment reported , it is advisable that not to represent the cheque once again as in if the cheque is returned  for want of sufficient fund in the account. If account closed or stop payment reported it can be understandable that if the cheque presented any number of time, the fate is it will return without honouring. so after return of the cheque 1st time take legal course 

Advocate Bhartesh goyal (advocate)     02 August 2014

once a cheque returned unpaid due to 'stop payment 'or 'account closed' limitation to initiate proceedings for cheque bouncing case starts and it never gives fresh limitation on successesive submission of cheque for collection. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 August 2014

there is no time limit for cheque presentation till the validity of cheque.

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com)     02 August 2014

ADVOCATE SANTOSH  AND   ADVOCATE  GOYAL  HAS GIVEN THE  PROPER  DIRECTION.

T. Kalaiselvan, Advocate (Advocate)     02 August 2014

I agree with the opinion of Mr. Nadeem Qureshi on the subject issue.  Though it is waste of time to represent the cheque bounced for the reason 'account closed,', it is legally valid even if represented again during the validity of the cheque.

santhosh.g. (advocate)     04 August 2014

i am sorry to disappoint with the opinion of  Advocate. T.Kalaiselvan.

 eventhough a cheque can be presented any number of times within its validity period, if a cheque is returned for the reason stated in the discussion, high courts given the lot of adverse judgements. based on the concept of preponderance of probability (139 N.I.Act)


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