Stop payment of cheque
mahesh
(Querist) 19 February 2012
This query is : Resolved
hi, sir
i am mahesh from Hubli Karnataka, i am been accused under section NI act for making stop payment of my cheque which was presented by a unknown dealer (building steel supplier) were as i came to know abt the cheque presentation when my Bank manager informed me wen it was came for collection.
hence i gave a letter to stop the payment of the cheque to my bank and issued a legal notice to tht delear immediately and he refused to give the cheque wen we asked and he started blackmailing us, and also he issued a lawyer notice for cheque bounce case against me and the case is goin on.
1) as he as no proof tht i have purchased goods (steel) as on Bill receipts there is no my signature or any delivery report.
2) His firm is a Partnership firm without Legal Registration under Law.
3)he as no proof that i have taken goods from him.
4) the said cheque is two years old leaf from one of my Cheque book of SB A/C, which some one has stolen and given to him.
5)the cheque is not written by me and my signature differs som how.
kindly suggest me what will be the future as im afraid of it.
Adv Archana Deshmukh
(Expert) 19 February 2012
In any case the complainant has to prove legally enforceable debt. If he is unable to prove the same the case u/s.138NI shall not stand. Deny the signature and the issuance of cheque. Take all the defences you have.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 February 2012
Even if case if filed engage a local advocate who knows the cheque bounce cases and it is easy to win the case.
Kiran Kumar
(Expert) 19 February 2012
Stop payment does not invite imposition of S.138 NI Act.
ask your counsel to find out the SC judgment...the same is a direct judgment...may provide you with a lot of options even a ground for quashing in HC.
A. A. JOSE
(Expert) 21 February 2012
Yes there is a recent SC judgement on this same point and your counsel will be able to rely upon the same.
R Trivedi
(Expert) 21 February 2012
Mr. Kiran Kumar, Stop payment does not invite imposition of S.138 NI Act... Can you please post the case details !!
As far as I am aware "Stop Payment" is clearly considered in the ambit of S.138 of NI Act. I am not aware of any recent case over riding this well established aspect.
As far as Mahesh is concerened, please take the copy of the cheque to the Bank, and ask the Bank Manager why he has not marked the signature mismatched. Atleast this will confirm that the signature on the cheque is not yours. This is a very big defense.
