Stop payment cheque bounce.

Borrower has issued the cheque to you to discharge legally enforceable debt ( loan ) so initiating proceedings of Sec 138 of N.I.Act is perfectly legal and valid, issuance of notice by borrower to you will not make any impact on your case.

Hi sir, 

Thanks for your reply.

You have already repeated this question i different threads and were suitably advised that you can very well proceed with a fresh cheque bounce case.

It is understood that you are either wasting your time and energy by repeating the same questions or making a mockery of this forum, it can be guessed that you do really do not have any such case but are intending the test the knowledge of the experts of this forum by repeating the same question in different threads.

No sir, Not like that. Actually my lawyer advised me that the cheque bounce case will be dismissed because if there was a intimation from the drawer about the stop payment. Now I have only 15 days of time to file the cheque bounce case against him. I got confused with the advise from my lawyers and few friends who are in this firm. I apologise for the inconvenience caused. 
I really appreciate this forum and the experts who provide solutions to such queries.

Now I got cleared that I can proceed with a cheque bounce case even if there is a intimation sent by the drawer about the stop payment of the cheque.

Thanks!!

Ramkumar

Originally posted by : Ram kumar

A legal notice has been sent to me about the stop payment to not to process the cheque. But I have presented the cheque and it got bounced. Is it legal to file a cheque bounce case for the reason of stop payment. But he provided me the cheque in return of the money which I have sent to him through netbanking.

1. Cheque not to be presented for payment but you have presented

2. Cheque bounced for "stop payment".

3. Accused provided cheque in return of money ????

4. You have sent money through "net banking" ????

What are the facts vis-a-vis issue / problem, if it is not a time pass post ???

1. Cheque not to be presented for payment but you have presented -Yes

2. Cheque bounced for "stop payment". - YES

3. Accused provided cheque in return of money ????  -YES

4. You have sent money through "net banking" ???? - YES.

What are the facts vis-a-vis issue / problem, if it is not a time pass post ??? - 

Sir, the only fact which stops me to file a case is that he have sent me a legal notification before I present the cheque. My lawyer says that the case might be dismissed due this prior intimation to us by the drawer. 

In the legal notice about the stop payment intimation he have given a false statement which is not true. 

Read more at: https://www.lawyersclubindia.com/forum/stop-payment-cheque-bounce--233992.asp#reply

Don't get confused by taking in too many advises.

You have been rightly advised to proceed with the second cheque bounce case but you may better file through a different lawyer instead of the lawyer who is scared to handle this case and has been misguiding you from the beginning.

Change your lawyer and proceed legally as advised by experts and your lawyer

Thanks for the solution sir.

You are welcome for your uderstanding 

It's GREAT to find you satisfied and finally understood !!!