Dear All,
Is it possible to redeposit a cheque that has been authorized as "Stop Payment" by the issuer ? Can one re deposit the cheque again if the date of filing suit has gone by ?
Please advice. Many Thanks in Advance
Regards
Kabir
Kabir (AVP) 12 November 2011
Dear All,
Is it possible to redeposit a cheque that has been authorized as "Stop Payment" by the issuer ? Can one re deposit the cheque again if the date of filing suit has gone by ?
Please advice. Many Thanks in Advance
Regards
Kabir
V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 13 November 2011
YES, AND ISSUE NOTICE INTIME TO FILE 138 COMPL:
Let bank issue any rtd memo reasons , it is valid reb chq.
Kabir (AVP) 13 November 2011
Dear Mr Shroff,
Thank you for your advice. Though i couldnt get much out of "Catty Women". Thank you for the time taken to answer my quire. Much Appreciated.
Best Regards
Kabir
Dharmesh Manjeshwar (Advocate/Lawyer) 14 November 2011
As advised by Adv. Shroff ..... Yes U can re-deposit the cheque ..... if it's in the validity period of 6 months ......
and file cheque dishonour case against the payer after non compliance of the mandatory demand notice issued by you to him.
Kabir (AVP) 14 November 2011
Dear Mr Dharmesh, Thank you for your advice.
I had issued the notice under sec 138, but due to some ignorance from my attorney, the time limit has passed. is it advisable to redeposit the cheque and issue her a new notice through a different lawyer ?
Thanks in advance
Regards
Kabir
Dharmesh Manjeshwar (Advocate/Lawyer) 15 November 2011
Kabir, ........... Kindly be aware that once u have issued mandatory demand notice for a dishonoured cheque to the payee then u are estopped from presenting it again to the Bank for realisation ......
U cannot represent it and send a second notice ....... so u now cannot ttake action u/s - 138 N. I. Act ...... option now for u to file is a civil suit .......
Kabir (AVP) 16 November 2011
Thank you all, for your timely advise, "Thank you Mr Dharmesh"
Regards
Kabir
Dharmesh Manjeshwar (Advocate/Lawyer) 16 November 2011
my pleasure ...... Kabir ........... hope u are satisfied by the help provided by this forum ...............
umesh tiwari (advocate) 14 August 2018
noway oncs the cheque return with reson stop payment and notice not been issued the same can not reperesent again.
account closed and stop payment cheques can not deposit again.
UMESH TIWARI Advocate Ahmedabad
umesh tiwari (advocate) 14 August 2018
absolutly wrong