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Suresh C Mishra (advocate)     26 August 2009

presentation of cheques of stop payment

 Can a cheque which is stopped by the account holder be represented in the bank and the collection be allowed by the bank ? please give details of the provisions and the relevant rulings on this Point .



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 3 Replies

K D Pande (Advocate)     26 August 2009

Dear,

Mishraji,

As per sec. 138 (a) cheque required to be presented within six month from the drawn date.If cheque returned with endosement "Payment Stopped by Drawer",same cheque can be represented in the bank & bank cannot refuse to accept the cheque on the reason that already payment is stopped by drawer, because in Negotiable Instument Act there nowhere any bar to accept the cheque even payment stopped by the drawer. The reason is that a cheque can be deposited for several times within six month from the drawn date.There is no any identical rulling on the same point.     

 

 

Meenakshi (Journalist)     23 November 2009

I issued a stop payment instruction towards a cheque issued from my account at State Bank of Mysore towards a Nigerian scammed who tried to pose as mt business partned towards stating a garment business.The payment was recorded as stopped once.The bank official concerned told me that the cheque could not be presented or encahed again.Your reply to Mishraji worries me.Please respond.

Anil Agrawal (Retired)     24 November 2009

 Bank has no authority to stop presentation again. It can refuse to honour it on the instruction of the account holder.

I think Nigerian can't invoke Sec.138, can he?


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