jaivish 05 October 2017

Stop payment of cheque ...can it be deposited once again in

the cheque deposied in the Bank ..tha same was returned with the mark " Stop Payment " , so can it be deposted again on the bank ...the cheque will automatically be cancelled but my question is that whather the applicability of Section 138 will attract in the same case ???

Please provide your advice will judgement and provision of Act...its urgent

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4 Replies

Advocate Bhartesh goyal (advocate) 05 October 2017

Cheque returns due to "stop pa�ment " attracts the provision of sec 138 of N. I. ACT.said returned cheque ca� not be present for encashment again and the limitation for init�ating proceed�nģs of sec 138 of N.I.Act would be started from the day when said cheque dishom��red first time d�e to reason of " stop payment ".

jaivish 05 October 2017

any judgment you can highlight then please tell me..

The time limit has been completed then what to do ??

Siddharth Srivastava (Advocate) 05 October 2017

As per law if the cheque is dishonoured for any reason attract prosecution u/s.138 NI Act. There are several Supreme Court judgement on this particular point. Consult a lawyer and proceed.