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Pradeep (owner)     29 September 2010

Stop payment

I am Pradeep a person took 4 cheques of 6,25,000 each of 30/9/2010 from me forcebily and i already made a stop payment of cheques and also i send that person  a notice stating not to present the cheques as i dont have legal liability now i want to know that am i legal liable to pay him or not ........! 



Learning

 5 Replies

R.Ramachandran (Advocate)     29 September 2010

Dear Pradeep,

When did you give the cheques?

What is the sanctify that each cheque is for Rs. 6,25,000/-?

If the person has taken it forcibly from you, did you lodge a complaint with the Police? If not, why not? 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     30 September 2010

Stop payment of cheque is good defense and defficult for complainant to prove his case.

Ajay Patel (Advocate)     30 September 2010

If you dont have legal liability to pay that person than you are not liable to pay him, but you have to be ready to prove that you have no legal liability or you have to prove that you have duly discharged your previous legal liabilities towards that person.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     30 September 2010

There are stringant conditions for NI 138 case to suceed , since due to over confidence the advocates and complainant make lot of mistakes.

The existance of bounced cheque is not sufficient for conviction.

Bayya Reddy (Legal executive )     30 September 2010

burden proof lies on you, that is by forcebly got signed the cheques and the cheques has not given for discharge of any loan..


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