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b.c.gupta (retired)     18 April 2015

Payment stopped

A person obtained " no objection certificate" from society by submitting a cheque for rs 40500 and sold his house same day.His cheque has been returned by bankers with the remarks "payment stopped"

What action can society take.Society is located in VAISHALI GHAZIABAD and person concerned is currently located at BANGLURU.

Suppose he does not accept legal notice sent by post what can we do ?



Learning

 2 Replies

saravanan s (legal advisor)     18 April 2015

how  are you related to this..anyhow even stop payment can also invite action against the issuer of the cheque u/s 138 nia if it is issued with respect to some legal liability towards the other party.case can be filed within the jurisdiction where the cheque had been dishonoured

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 April 2015

Sir, Society can file a case under section 138 NIA Act against that person and also fraudulently taken the NOC by issuing a cheque which he knows to be dishonoured..... Warm Regards Kapil Chandna Adv 9899011450

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