Upgrad LLM

sec 138 cheque bounce case

service

Does cheque bounce case after giving 'stop cheque' instruction to bank fall under sec 138 of negotiable instrument act case?

 
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POWER OF DEFENSE IS IMMENSE

once a cheque is bounced normally courts are issuing process but you have to appear and defend.

You can win any NI 138 case easily.


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Stop cheque instruction will not attract NI 138.

 
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POWER OF DEFENSE IS IMMENSE

do you have any personal or practical knoledge that stop cheque is no case.

 
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POWER OF DEFENSE IS IMMENSE

Please read from one of SC CITATION-

 
Lastly, we would refer to the decision by a
Three-Judge Bench of this Court in the case of Modi Cements
Ltd. Vs. Kuchil Kumar Nandi (1998) 3 S.C.C. 249 dealing
with a similar contention and interpreting Section 138 of
the Act. In that case, the Court referred to the earlier
decisions in the case of Electronics Trade and Technology
Development Corporation (1996) 2 SCC 739 and K.K.
Siddharthan Vs. T.P. Praveena Chandran (1996) 6 S.C.C.
369 and agreed that the legal proposition enunciated in the
aforesaid decisions to effect that if the cheque is
dishonoured, because of stop payment instruction to the
bank, Section 138 would get attracted..

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Advocate/ nadeemqureshi1@gmail.com

Mr. JSDN is rightly explain Modi Cements V. Kuchil Kumar Nandi is a very famous case in this regards.

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Company Secretary

I am attaching Supreme Court decision dated 22.1.1996 wherein it has been held that stop payment cases will also be covered u/s 138.

 



Attached File : 815673295 sc on dishonour of cheque for any reason 22.1.1996.pdf downloaded 256 times

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There are number of S.C and H.C judgments which says that "Stop Payment" of cheque falls under the provisions of sec 138 of N.I.Act.


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service

Thank you very much all . This has really cleared the doubt and is well supported by the judgements.

-thanks again.

 
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