Cheque – stop payment – but written letter given by cheque issuer

[Anonymous]

I got the cheque, but when i submitted in the bank then i came to know that the payment is stopped. The guy who has given me cheque , has given me written letter also that she/he has taken money from me and i can take any legal action if it bounces. Please guide what to do.

[Dr. Ashok Dhamija]

In such a situation, since the cheque has bounced due to “stop payment”, you will have to follow the procedure laid down in Section 138 of the Negotiable Instruments Act, and issue notice to the person who issued you the cheque. Thereafter, if need be, you can file a case under Section 138 for cheque dishonour.

Please read the following article for more details on the procedure: http://tilakmarg.com/answers/cheque-bounce-cases-under-section-138-of-negotiable-instruments-act-explained/     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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