After issuing the cheque, party told me "what shold I do withthe cheque" please give me money" seeing his urgency, sent the money but he didnt return the cheque and kept till he got all the payment. After that he submitted cheque to the bank, inspite of my repeated request to return the cheque. Self, sensing the foul play, stopped the payment and withdrew all the money kept in my a/c on 12.10.2010 and the drawee of the cheque presented the same to the Bank on 15.10.2010.
Now, he has filed a case against me under section INIA 138.
When the purpose of the cheque has already been met, question of resubmission and bouncing doesn’t arise at all.
Moreover, . 'stop payment' was not due to insufficiency or paucity of funds but payment was stopped because of other valid causes including that there was no existing debt or liability at the time of presentation of cheque then offence u/s 138 is not made out.