stop payment cheque

Querist : Anonymous (Querist) 10 January 2011 This query is : Resolved
Dear sir
i have receive notice of n i act section 138 from party due ammount not fix by party in notice. party only say in notice i collect cheque againstyour dueammount but due ammount not fix by party
in notice no mention due ammount against cheque receive by party.also mention cheque ammount
my questation was notice maintainble?

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M V Gupta (Expert) 10 January 2011
Your query is not clear. Pl set out facts clearly.

Vijayendra Navale (Expert) 10 January 2011
Mr. Gupta is correct. Give full detail and clear facts. :)

Querist : Anonymous (Querist) 10 January 2011
I WANT TO SANY ONLY LIABILITY NOT FIX BY PARTY
BUT ONLY SAY IN NOTICE I HAVE RECEIVE
RS 100000 CHAQUE AGAINST YOUR DUE AMMOUNT

Ajay Bansal (Expert) 10 January 2011
You should not be worried becouse the notice is invalid for want of non showing of liability,which is mandatory as per provision of section 139 N.I. act.

Amit Minocha (Expert) 10 January 2011
if the amt against retd cheque is mentioned in demand, it is a valid notice for the purpose of 138 NIA but may be unfit for a civil recovery suit.

G. ARAVINTHAN (Expert) 10 January 2011
Notice itself not a valid one

Guest (Expert) 10 January 2011
There may be a separate agreement to that effect. Or otherwise it may be an hire purchase agreement. better reply properly.

SAANJAAY GUPTAA (Expert) 10 January 2011
Agree with Mr.Amit.

H.M.Patnaik (Expert) 11 January 2011
I gather from the query that the presenter of cheque was to receive some dues from the drawer of the cheque. Amt.due is yet to be determined by the complainant and intimated to the drawer of the cheque. The cheque which was not filled up as regards amount payable, the presenter deposited the same cheque in his bank after filling up the amount column. In due course the cheque was dishonoured since a Stop Payment instruction was issued to the bank. In this case the notice served by the
presnter of the cheque on the drawer is defective since nothing was done by the presenter of the cheque to intimate the drawer reg. the amt.due or for the value the cheque was presented. As such the notice served being defective and improper,
no case can be initiated against the drawer of the cheque .Hence the notice issued has no legal force.

Advocate. Arunagiri (Expert) 11 January 2011
Notice is maintainable.

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