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Stop payment cheque

A person has given me a cheque on Feb, 2016 and returned as "STOP PAYMENT". I enquired at the Drawer's bank, they said request for STOP PAYMENT for this cheque had been given in the month of OCT, 2015 itself (5 months before).  That is, That person has given me a cheque which is already in STOP PAYMENT staus. He has mentioned in the bank that he missed the cheque, so he asked for STOP PAYMENT for this cheque it seems. Now, that guy is threatening me like, I taken that cheque from him without his knowlegde and submitted for clerance now. I have written document (stamp paper) also where he signed when he borrowed money from me. Can I go and file a cheque dishonour case against him or I just put civil suit using the stamp paper for recovery. If i go for cheque dishonour case will it affect me in any way? Please advice.



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 3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     01 March 2016

You should go ahead and file a cheque bounce case . The limitation shall be calculated from the date on which the returning memo was provided to you by the bank .

Advocate Bhartesh goyal (advocate)     02 March 2016

You can file cheque bounce case and also simultaneously file civil suit for recovery of cheque amount and police complaint u/s 420 of IPC against him.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     11 June 2016

in ur case, NI act will not be applicable....Go for 420 IPC na recovery of that amount only.


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