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alka (asst)     03 April 2011

stopped cheque presented again without my consent

cheque was issued by me dt 30/11/08. on pressing hard for early payment by payee i stopped it o  06/12/08 and made payment of full amount of rs 50000/- by bank rtgs into payees acct the same day on 06/12/08 from same  acct on which cheque was drawn.there was no legal liability on me for this payment.cheque was issued by me in good faith to the caretaker of my house for purchase of some material for me.nothing in written for any liability arising ever exists.after passage of four months he again presented the cheque on 30/03/09 without my consent and it was obviously returned unpaid for stopped payment.a suit under 138 has been filed against me for this second dishonour.he had already presented it on 01/12/08 ,for which i made the payment on 6/12/08 itself.the notice received by me was also replied by me stating that i had already made the payment on 6/12/08.please advice how can a case of 138 arise when i donot owe anything to him ,moreover payment has already been made



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 9 Replies

Harsh (Advocate)     03 April 2011

Hello,
I would be able to assist in your case. 
You can further contact me on harshmparekh@gmail.com
I am a practicing lawyer.
Regards,
Harsh Parekh
Advocate
9971780620 (M)

R.Ramachandran (Advocate)     03 April 2011

Did you get any Notice under Section 138 N.I. Act? 

If you received the notice, whether the notice was received when the cheque was dishonoured the first time or the second time.

Did you reply to the notice or not?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 April 2011

Second presentation without notice for first bounce becomes illegal , no convication possible.

adv. rajeev ( rajoo ) (practicing advocate)     03 April 2011

Inspite of stop payment once again the cheque is presented.  If you received the notice then issue reply notice stating the reason of stop payment.  It is important to note that whethe had you informed the stop payment in writing to the person who has used the cheque?

alka (asst)     03 April 2011

notice was issued to me on second dishonour and i had replied.i have stated that i had already made the payment before first dishonour. the cheque was firstdeposited by him in his bank onn 1/12/08,after waiting upto 6/12/08 for it to come  to my bank for payment,i stopped it on 6/12/08 and made the payment same day on 6/12/08 through bank transfer. when the cheque was presented it returned for stopped payment on 16/12/08 .no notice was issued at that time as he was satisfied with the payment.  after 4 months he again presented the same cheque  without any knowledge to me and on dishonour,notice was issued this time which i replied,stating that payment has been made,giving details

alka (asst)     03 April 2011

as the cheque was dishonoured on first presentation alsa because i had stopped it and made the payment beforehand when it was on the way,he automatically received banks information that cheque was stopped first time itself

Out of Court (Consultant)     03 April 2011

Pursue your case as accordingly ...A s yu had replied to the notice now tell us  Whether a Complaint U/s 138 NI has beeen filed? ...  Be in peace as the payee has somewhere malafide intent within him so let him expense some more while filing a complaint & Lawyers fee..... Assign a lawyer of ur loaclity for yourself to defend your case ..

alka (asst)     03 April 2011

yes case has been filed  on  me under 138,based on second dishonour.he has not  presented my reply to the notice before the court and has hidden this fact that i had replied,

alka (asst)     03 April 2011

yes case has been filed  on  me under 138,based on second dishonour.he has not  presented my reply to the notice before the court and has hidden this fact that i had replied,


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