need help on cheque bouncing

Hi Muthu,

Simply send a  "STOP PAYMENT " application to your bank and dont forget to mention the cheque numbers. Soeven if the other person deposits the cheque in any part of the world, the payment will be stopped. OR you can just inform your bank about the incident, they will keep an eye on your transactions and will inform you accordingly.

Regards,

Rizwan

Dear Mr. Muthu,

As Mr. Sheikh is right that as much as making a stop payment request to the bank clearly mentioning the cheque numbers and also state the reason in the request. Make a complaint to local police station and keep a copy of the complaint with you with the seal, stamp and DD number.

Secondly and importantly, making a stop payment will NOT absolve you from the prosecution under section 138 NI Act. But the above noted documents will help you in proving your case because a person is liable under section 138 only if the cheque is issued in discharge of any liability, so once you will raise the issue, the other party to the complaint has to prove the liability under which you issued the cheque.

As far as the question of jurisdiction is  order to make jurisdiction one has to show that the cause of has arisen in that particular state. Kindly search on the internet about a judgment in the matter of Religare Pvt. Ltd. passed by Hon'ble Delhi High court by J. S.N. Agarwal in 2010. Also look into the judgment of Harman Electronics.

regards

Mr. Muthu,

First make request for stop payment.............then register a criminal complaint with police stating therein that the fellow is having your cheques and now he is threatening to misuse them. At last for the sake of precaution issue a legal notice stating therein to return those cheques as you have made payment against them.

If you take all the precautions then it will help you in case if your cheques are misused.

Thanks