Stop paymentof cheque
nitin gatagat
(Querist) 04 July 2013
This query is : Resolved
Dear sir.
In my case..i had given intimation to appealant that not to use blank chq given as security and i had stopped payment of cheque....
But they put day before day of my notice of stop payment chq and it returned with remark payment stopped by drawer..notice received to me...matter in court... how to take defence
Raj Kumar Makkad
(Expert) 04 July 2013
You cannot take this matter inn defence rather the defence depends upon the facts of the case which you have deliberately not posted here.
nitin gatagat
(Querist) 04 July 2013
Not delibrately......security chq given @agreement.... aftrr three months co. Hostile and denied oral schemes... as much i knew law... firstly i done stopped payment of cheques and inform them rhrough notice .. as they receive it they put one day before date on it and bounced...remark atpp payment received...ndefence what to take
Raj Kumar Makkad
(Expert) 04 July 2013
What was your reply against the notice sent by company/complainant after bouncing of the cheque?
nitin gatagat
(Querist) 04 July 2013
Due ro dispute arose ...i had stppped cheques and pls rwturn it to me... as its only security cheque .. and i am not having due paymwnt to u ... u just misuse my blank cheques..we cant open our defence of change of ink on chq and security chq proof as they also dont know i had mail by them for blank cheque as security
Raj Kumar Makkad
(Expert) 05 July 2013
The defence taken by you in the reply to the notice shall also remain in the trial. If the complainant has not lawful debt against you, the complaint is liable to be dismssed.
Guest
(Expert) 05 July 2013
You can only prove your defence and rebut the evidence of the company at the time of trial by entering in witness box. Irrespective of the fact if you go for a defence that you stopped the payment, you need to have that much balance in your account on which date you proceeded for stop payment and as well inform the opposite party likewise.
However, if you have evidence which could prove that the cheques were meant for security purpose the same shall be by way of cross-examination and other documentary proof which you have in your possession.
prabhakar singh
(Expert) 05 July 2013
Once a cheque is issued law presumes it was issued for consideration.
Then burden to prove it was security cheque lies on you.
Law requires only signature on cheque by drawer and not every detail in his own hand writing.
If it was a security cheque then why not it was incorporated as such(or was it??)in the agreement.
V R SHROFF
(Expert) 05 July 2013
Stop payment attracts 138 proceedings. Defence is only remedy.
If u prove ".i had given intimation to appealant that not to use blank chq given as security " it shall be good defence
prabhakar singh
(Expert) 05 July 2013
SHROFF SIR!
He is saying he gave notice not to present the cheque but complainant ante dated it for a day after receiving notice and presented for collection.It is intelligible that a blank cheque can be anti dated for any desired date.
It is not intelligible how can it be presented
for collection in a back date after receiving of notice.
Guest
(Expert) 05 July 2013
Mr. Nitin,
In your query or in any of your subsequent post, you have not made a mention of any date of events, like the date of receipt of your notice by the party instructing him not to present the cheque, and the date of actual presentation of cheque.
Leave aside the back date put on the cheque or date of issue of notice to the bank for stop payment, it matters much whether the cheque was presented in the bank before or after the date of receipt of your notice by the opposite party. Your defence lies only on that aspect.
nitin gatagat
(Querist) 05 July 2013
Dhingra sir , notice send to them on 22 august they put date of 21 august on cheque and presented in bank on 1 sep 2012 ..... one more thing ihad done stop payment on 27 july 2012 in bank with letter as security chq for purpose of agreent only so pls stop payment
Raj Kumar Makkad
(Expert) 05 July 2013
If the cheque was presented on 01 September then the complainant might have received your notice dated 22 August till then and thus his presentation itself is erroneous and this shall become a major defence for you. The earlier receipt note of the blank cheques for the purpose of security and moreover having no lawful debt on the day of presentation of the cheque all are good grounds with you.
Guest
(Expert) 05 July 2013
I endorse the views of Shri Makkad. You may further try to get from the Post office or courier company the evidence of the actual date of delivery of notice to the party.
prabhakar singh
(Expert) 05 July 2013
Yes!Get the record of date of service of notice from the Post office or courier,as in your case may be.
Raj Kumar Makkad
(Expert) 05 July 2013
Postal receipt as well as actual receipt of the post shall definitely become a good ground.
nitin gatagat
(Querist) 05 July 2013
date of receipt of notice is 27 august
Guest
(Expert) 05 July 2013
Naturally, if notice has been served to the opposite party on 27th August and in spite of that he presented the cheque on 1st September, your case is quite sound to be contested for getting verdict in your favour.
Raj Kumar Makkad
(Expert) 05 July 2013
The complainant has defied the notice sent by you so the complaint is not maintainable and you shall definitely get benefit of this legal position.
nitin gatagat
(Querist) 05 July 2013
What to do delay process ....
nitin gatagat
(Querist) 05 July 2013
What to do delay process ....
Rajendra K Goyal
(Expert) 05 July 2013
Well advised by the experts, the cheques were presented after receiving notice / letter from you, this is a good defense for you.
Raj Kumar Makkad
(Expert) 05 July 2013
Court process do take its time. Your lawyer can insist the court to expedite it but after all there is a process which everyone has to follow.
