Anonymous (Technical Lead) 26 April 2012

Stop payment of cheque by friend

Hi,

We gave cheque to one of my husband’s friend in Feb(3 lacs). He gave his cheque to us to deposit after 20 days (without date). Finally he told us to deposit on April 19th. When my husband went to bank they told there is no enough balance in the account. He is not talking with us , just sending SMS. So again he sent SMS to deposit cheque on 21st April. So we did but it came back as he gave stop payment to that cheque.

My husband believed him so blindly and gave without any agreement. Please suggest us on how to proceed further.
Thanks…..

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6 Replies

Anjuru Chandra Sekhar (Advocate ) 26 April 2012

You have to send a legal notice within 15 days after came to know the information from the bank that the cheque was bounced demanding the drawer of the cheque to repay the amount in full. If you don't send this legal notice then action under section 138 of NI Act cannot be taken.

Anjuru Chandra Sekhar (Advocate ) 26 April 2012

Within 30 days...not within 15 days.

Guest (Guest) 26 April 2012

Issue a demand notice to the drawer demanding the amount covered by the cheque within 30 days from intimation by the bank He would have 15 days from the receipt of the notice to make the payment. If he doesn't, file a complaint under S.138 of NI ACt within 30 days. You would need to prove that the cheque was issued to you for discharging a legal liability.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

Anonymous (Technical Lead) 26 April 2012

Thanks for your replies Sir.

Cheque came back to me as he gave sdtop payment. Now I had that cheque with me. Is that is enough to proof that he gave that cheque to me?

Anonymous (Technical Lead) 26 April 2012

Hi Ashish,

He sent SMS from his mobile to us saying that we can deposit cheque. Is that fine to prove?

Thanks...

RAKESH PIPRODIA (ADVOCATE) 20 May 2012

Once a cheque is dishonor for the reason being STOP PAYMENT, you cannot redeposit the said cheque. Only thing is that you send a demand notice within the time frame and also file a criminal complaint as stop payment is an alledge criminal offence.