Mayuresh Gujar (Jr) 06 December 2010
sir
if a person who issued cheque , give notice for "stop payment" to that person in which favour he issued post dated cheque.
and after receving that notice, that person, in who's favour cheque was issued, he misused that cheque and file 138 complaint
what is the chances for acquittal in favour of accused?
pls tell me very soon
ashish lal (Advocacy) 07 December 2010
Try to prove that the amount was disputed.......therefore amount could not be determined at the time of presentation of cheque
adv. rajeev ( rajoo ) (practicing advocate) 07 December 2010
It is answered inhe expert's column
Advocate. Arunagiri (Advocate High Court Madras.) 07 December 2010
Stop payment will not be an excuse for you. You have to face the case if the cheque is bounced for insufficient funds.
If the stop payment is an excuse, every body will send notice for stop payment and wll escape from the law.
If you have sufficient funds inthe account and had issued the stop payment instruction to the banker, if the cheque returns for stop payment.
If you dont have sufficient funds in the account you can not issued stop payment instruction to the banker.
GOPI THAKKER (PROPRIETOR) 29 January 2011
SIR ONE OF MY CLIENT HAS GIVE ME A CHEQUE AND HAS MADE STOP PAYMENT. KINDLY INFORM ME WHAT STEP SHOULD I TAKE AGAINST HIM.
GOPI
k.kumar raja (advocate) 29 January 2011
advocate.arunagiri is correct.
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