Stop payment of cheques
vivek laxmidas thakkar
(Querist) 06 March 2013
This query is : Resolved
we have issued post dated cheques to veer creation in surat,against the purchase of sarees. the sarees that they showed us as sample was different from the sarees delivered to us. we have sent them the notice to them before the dates of the cheques. if we do the stop payment of this dose it goes under negosiable instrument act.
Sankaranarayanan
(Expert) 07 March 2013
Yes you can but before that you need to remind your mind, your bank account should have sufficient balance (ie what amount you have given by that cheque ,the balance should be either equal or sufficient to fulfill to honour the cheque amount)
prabhakar singh
(Expert) 07 March 2013
When you found goods not as per sample and order and prefer to sent them notice even before the date of those cheques, why did not you ask them not to present those cheques as goods are being returned and no debit or liability stands.
If you did it so far so good.If you did not,maintain cash in the a/c of the amount the cheques are even if you are instructing bank to "stop payment"
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 March 2013
The moment you have parted with a signed cheque which is from your bank account than you have put your neck under the provisions of cheque bounce law.
All other defenses you can take in the court but you have to face the criminal trial.
Kiran Kumar
(Expert) 07 March 2013
You will be required to prove that the Payment was Stopped not due to Insufficiency of Funds but due to some other valid reasons.
We dont know the contents of your notice. a lot will depend upon it.
ajay sethi
(Expert) 07 March 2013
have you returned the defective sarees? send letter mentioning that sarees offered were differnt from samples and retrun the same to seller . also mention not to deposit the cheques as there is no debt due and paybale and you have retruned the defective goods
Raj Kumar Makkad
(Expert) 11 March 2013
Nothing to add more in the given replies.
RAJU O.F.,
(Expert) 15 March 2013
Do not cause your banker to return the cheques for insufficiency of funds; but make the reason that 'payment stopped by the drawer'. In case of any litigation you must substantiate the inferior quality of cloths in variance to the samples.
