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Am I liable if i stop payment of post dated cheque issued by me


10-Mar-2023 (In Cheque Bounce Law)
If i borrow money from someone and i issued a guarantee pdc chq. Against of it. But , after issuing that chq. Payment stopped by me. Can , the bearer can take legal action against me.
Answers (5)

Answer #1
517 votes
Dear client

.provide the full and complete and full disclosure of facts so that proper and appropriate legal renedy provided to you
Answer #2
769 votes
Yes he can take legal acction against you under section 138 of the NI act he can file suit in the court of law but for your protection you can gave a legal intimation notice so you can made a safe gaurd for the case
Answer #3
924 votes
Yes, the bearer can initiate criminal proceedings against you under section 138 of the Negotiable Instrument Act, as the Hon'ble Supreme Court has held that the issuer of a cheque is liable for such proceedings even when the payment has been stopped. However, since it is a guarantee pdc and not a cheque for a debt, the trial court, may on the basis of facts, not find you guilty but you may have to go through the trial.
Answer #4
931 votes
That will depend your intention as if there was An intention to commit some wrongful damage to the party whom the cheques were issued .
If on the notice given by them you give the due amount then or promises to give in good faith them no liability would arise automatically
Answer #5
507 votes
Yes, the bearer of the cheque can take legal action against you. Please try to arrange funds and settle the matter with your lender. On the other hand, if the case under section 138 N.I. Act has already been registered against you, then please contact us with complete details so that timely legal solutions can be provided to you.

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