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Pawan (Service)     29 May 2009

Stop Payment of Extra cheque amount issued to Promoter

I have purchased a Flat from a Promoter by taking a home laon from a bank. I have made the full payment as per the agreement value and my deed is also get registered. At the time giving the possession i have threatened by the promoter to provide extra payment of 1 lac rupee , which i have paid by a cheque. As per the understanding i need to pay him this amount in cash later and he will return the cheque. I need advice what i need to do so that he can now return my cheque back to me or if he deposits the cheque can i give a stop payment instruction.



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 3 Replies

Swami Sadashiva Brahmendra Sar (Nil)     29 May 2009

yes, you can  give a stop payment instruction.  you can take aplea that it would be excess payment by mistake.

1 Like

k.kumar raja (advocate)     29 May 2009

Dr.Thirupati is correct.

Bhaskaran Advocate (Lawyer)     04 June 2009

This is not a legally enforceable debt  hence the promoter will be unable to get power on the cheque.

You need to give the Stop Payment instructions to get that extra protection.

You are not liable under the cheque but morally liable as per your oral acceptance.

1 Like

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