Stop cheuqe payments

Yes, because why you had given the cheque initially.

Under Threat and Pressure

you  have to prove it

It is easier for any accused of Ni 138 case to come out of it since it is very difficult for the complainant to prove his case but you have to face trial , once court notice is issued no quash is possible even at higher court. , unless you are ready to go up to SC.

PEOPLE LOOSE BECAUSE OF CARELESSNESS FROM BEGGINNING. THEY WASTE INITIAL TIME  IN TAKING DATES ONLY. YOU HAVE TO INITIATE  PROPER  ACTION FROM DAY ONE WITH EXPERT LEGAL ASSISTANCE THEN WINNING THE CASE WILL BE EASY, SIMPLE AND SURE.

So complainant need not be over confident , it will be next to impossible to win any NI 138 case if contested aggressively by accused  from day one since the case has to be proved beyond doubt at many points that is  a) there was legal liability b) cheque was actually given by the accused from his account c)cheque was presented during stipulated time to the bank d) cheque was actually returned due to insufficient funds e) legal notice was given f) such legal notice was received g) thereafter proper pleadings are made and documents attached at first instance while filing the case.

Even if the presumptions are there in NI ACT the accused has legal right to rebut them which is more simple , sure and easy., and complainant  make mistakes on one or more  points/ steps., in over confidence.

Mr Kiran,

Listen that,  Mr  jsdn say 100%  Right.  Please contact him and relax.

   Natwar

Thanks a Lot brothers

Stop payment will not attract S.138.

If the bank had returned the cheque for stop payment it will not attract s.138.

As a rule the bank can return the cheque, by stop payment instruction, only if the account is having sufficient amount to honour the cheque.

It is illegal to honour the stop payment instruction, if the balance amount is lesser than the cheque value.

Thanks a lot Mr. Arunagiri

STOP PAYMENT IS A CRIMINAL OFFENCE YOU CAN ALSO FILE SEC 420 AGAINST THE CHEQUE DRAWER

Not that easy .

i agree with Mr. JSDN

Incidentally the  Honble SC on 9^th Sep 2011 has issued stringent guidelines for procedure and validity WHILE  issuing   Non bailable warrants ( NBW )  in criminal complaints which is  more relevant for accused of NI 138 cases. For original copy of the said judgment pl send me your email at firmaction@gmail.com

when the sectiion 138 attracts? Mere dishonour of the cheque is an offene? No. Wheather received notice u/s 138 by the payee is an offence?   No.

When the drawer of the cheque committed the offence u/s 138 of N.I. Act ?

If he do not make payment within 15 days from the date of receipt of the demand notice by the payee or holder in due course. 16th day only he is an accused.

Mere dishonour of the cheque is not an offence u/s 138 of N.I. Act either stop payment or a/Closed or etc.,

The offence is made out when the cheque for any payable debt get bounced for insufficiency of funds.