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abhay aman (abhaykumaraman@gmail.com)     28 July 2015

Stop payment 2 year ago and account close 6 month ago

Sir,

I given one blank and undated cheque to My friend in JUNE 2010 due to some bill payment as I am going to out of city. when in came back in city , i ask about the same cheque as payment not done. he told me given cheque has been lossed. 

As per his wording i stop payment instruction given to bank in Nov 2010.and than due to not tranjection in same account also closed in March 2012 .

But in August 2012 he submit the same cheque in bank which was i given to him in june 2010 (blank and undated) of amount of 9 lac.

now he is saying in court i given dis cheque in august 2012 not in 2010.

 

Kindly give your view in dis 2 point .

1. cheque stop 2 year ago but same was undated .

2. account close in March 2012 but he is claming the cheque issued in august 2012.

what the view according to eye of LAW. in 138.

plz rply me.

 

 



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 July 2015

Sir,

 

You may have stopped the cheque delibrately and closed the account delibrately could also be one of the situation.

Sir you are saying as per his wording the cheque was stopped way back in 2010, but do you have any proof of the same or something on record? 

On what basis he claim this cheque, I mean what laibilty he is able to attribute on you.

 

Warm Regards

Kapil Chandna Advocate

9899011450

abhay aman (abhaykumaraman@gmail.com)     28 July 2015

Originally posted by : Kapil Chandna
Sir,

 

You may have stopped the cheque delibrately and closed the account delibrately could also be one of the situation.

Sir you are saying as per his wording the cheque was stopped way back in 2010, but do you have any proof of the same or something on record? 

On what basis he claim this cheque, I mean what laibilty he is able to attribute on you.

 

Warm Regards

Kapil Chandna Advocate

9899011450

Yes Sir i have bank record as per i stoped the cheque on nov 2010. where as hi is claming the cheque issue in 2012.

abhay aman (abhaykumaraman@gmail.com)     28 July 2015

Yes Sir i have bank record as per i stoped the cheque on nov 2010. where as hi is claming the cheque issue in 2012.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     28 July 2015

Mention the date of presentatiion of the cheque? If it an old cheque it is non cts cheque and and would have expired on 31/12/2014.One more thing is what was the bank's endorsement for the status of the cheque


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