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Can someone enforce a lost cheque


16-Apr-2023 (In Banking / Finance Law)
I lost a cheque sometime back. I had given stop payment to the bank stating that the cheque was lost. The person who got it presented the cheque. Can he enforce it. What is the remedy for me?
Answers (1)

Answer #1
974 votes
No.He cannot enforce the payment. The holder has to prove that he received the cheque for some value. The bank will return the cheque with a note of stop payment. The person can file a suit for recovering the money and the burden to prove the sanctity of the cheque is in question.
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