Stop payment of cheque
Confused Indian
(Querist) 04 June 2012
This query is : Resolved
Dear Expert,
I have given a cheque to one landlord as initial advance for house deposit, on the same day I found the facility what he told were not actually present, hence I asked my banker to stop payment.
I have asked the banker to stop payment on the same day when I gave cheque to him, till date I have not taken possession nor signed any agreement.
That landlord is threatening of legal action, is it possible.
varun mathur
(Expert) 04 June 2012
No, the landlord can not take any legal action as there was no agreement.
ajay sethi
(Expert) 04 June 2012
cheque was not issued in discharge of debt due and payable . no agreement has been signed with landord . before landord issues any notice place it on record the aforesad facts
Confused Indian
(Querist) 04 June 2012
Thank you very much....
How to put aforesaid facts into record ....
Thanks in advance
ajay sethi
(Expert) 04 June 2012
in letter mention that cheque was issued for ________drawn on ____
you had mentioned the society wherein flat was located had following cailites .after inquires found no such facilites existed .
hence after prior intimation to you stop payment instructions were issued . cheque was not issued for debt due and paybale as no preimses hav been taken on rent
adv. rajeev ( rajoo )
(Expert) 04 June 2012
Issue letter to the bank stating the reason to make stop payment with cheque number. Post the same to the landlord.
Confused Indian
(Querist) 04 June 2012
I don't know the address of the house owner, even if I ask I seriously doubt that he will give the correct address,
Whether giving the intimation to bank alone is sufficient or it is mandatory to give the intimation to the landlord also, kindly advise...
Thanks..
ajay sethi
(Expert) 04 June 2012
necessary to give intimation to landlord .
R Trivedi
(Expert) 05 June 2012
Few questions:
1. Has the cheque already got bounced ?
2. Have you received the legal notice ?
If the cheque has already got bounced and he has given you the notice stating the true fact, then you do not have to worry, as the cheque was issued for no liability.
If he has taken some other stand in the notice, like loan etc, then you have to fight the case.
In any case write the letter as suggested above to safeguard yourself in future.
To all those who issue Cheques without agreement: Please avoid doing such thing.
Confused Indian
(Querist) 05 June 2012
So far no legal notice is received so far.
he only threaten to take legal action.
Facts of the case:
Given cheque and asked the banker to stop payment on the same day.
Sufficient balance is always in the account
No agreement was signed nor I have taken the possession of the house.
Thanks
PARTHA P BORBORA
(Expert) 05 June 2012
it is surprising that you do not know his residential add. How you communicated with him at the time of issuing the cheque?????? How he threatening u??? It also appears from your answer that you know him (..... There is a serious doubt that he will give his correct address........) !!!!!!!!!!!!!!! ?????????????!!!!!!!!!!!!!!!!!!!!
M V Gupta
(Expert) 05 June 2012
How many times u post this question? You have already posted this query at item 4 above and duly answered by me.
M V Gupta
(Expert) 05 June 2012
How many times u post this question? You have already posted this query at item 4 above and duly answered by me and few other experts.
V R SHROFF
(Expert) 06 June 2013
DO NOT REPEAT SAME QUERY
