Apurva (Incharge) 11 May 2013

Cheque stop payment by client

I have a cheque issued by my client which has the exact amount which is his due. The Cheque is filled by him including the chque. After repeated reminder over phone regarding our due , No payment was recd from his end, finally I banked the cheque. The Cheque was returned mentioning STOP PAYMENT instruction from the account holder.

Kindly inform me does my case falls under u/s 138. Plus does Stop Payment comes under cheque bounce . If I proceed with the case u/s 138 is there any chance of recovery.

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2 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant) 11 May 2013

Apurva @ First issue a legal notice through an advocate to your client & if he will not paid the amount within the time limit then filled a case againt him. You have full chance to recover the due. What is the date of the cheque return ?

Advocate Bhartesh goyal (advocate) 11 May 2013

Cheque returned unpaid due to stop payment by drawer attracts ground of sec 138 of N.I.Act.Issue a notice to drawer within 30 days from the date of intimation of return of cheque.If the drawer of cheque does not make payment of cheque within 15 days from the receive of notice than file complaint within 30 days in court .Drawer will be punished by court .