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anand das (service)     07 February 2012

Sec 138 cheque bounce case

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



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 8 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 February 2012

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.

1 Like

Chaitanya_Lawyer_Mumbai (Lawyer)     07 February 2012

Stop cheque instruction will not attract NI 138.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 February 2012

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

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 February 2012

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..
1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 February 2012

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

PC Agrawal (Company Secretary)     11 February 2012

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: 267 times
1 Like

Advocate Bhartesh goyal (advocate)     11 February 2012

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.

1 Like

anand das (service)     24 March 2012

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

-thanks again.


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