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After cancellation of cheque can holder present the same in bank
17-Jan-2023 (In Cheque Bounce Law)
Hi, If somebody cancel a cheque issued earlier( due to lgitimate reasons), but the cheque is still with beneficiary, can the issuer be tried under sectio-138 or any other act?
No, in this case issuer can't be tried u/s 138 N.I. act or any other act. Bcoz issuer have not any legal liability to pay if he has cancelled the cheque. The bank will also not accept such cancelled cheque.
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Adv. Pardeep Kumar Ahlawat
Panipat | 25+ Answers
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Hi
Actually ur question is unclear but as I understood, if u issued a cheque and u stopped it's execution in bank then no problem. It will come bank marked 'stop payment' . What else u can discuss when find suitable.
Thanking u
Actually ur question is unclear but as I understood, if u issued a cheque and u stopped it's execution in bank then no problem. It will come bank marked 'stop payment' . What else u can discuss when find suitable.
Thanking u
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Adv. Rahul Sidher
Chandigarh | 100+ Answers
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It depends on when was the cheque cancelled..
Firstly ,if the issuer had given the cheque to someone to discharge his /her liabilty and then cancels the cheque he /she obviously can be tried under section 138 NI act ..it is not a crime to stop a cheque but it is a criminal offence if someone issues a cheque with an intention to stop it later ...so he/she can be held liable ...
Secondly,if someone gives you a cancelled cheque ,he /she cannot be tried under 138NI act....in certain cases,intention that can be proved bad in court makes an issuer liable for 420 ipc also and i hope my answer can clear your doubt ...
Firstly ,if the issuer had given the cheque to someone to discharge his /her liabilty and then cancels the cheque he /she obviously can be tried under section 138 NI act ..it is not a crime to stop a cheque but it is a criminal offence if someone issues a cheque with an intention to stop it later ...so he/she can be held liable ...
Secondly,if someone gives you a cancelled cheque ,he /she cannot be tried under 138NI act....in certain cases,intention that can be proved bad in court makes an issuer liable for 420 ipc also and i hope my answer can clear your doubt ...
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Adv. Ankit Sharma
Gurgaon | 100+ Answers
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