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Is payment stopped by drawer considered as a ground for Cheque Bounce


03-Jan-2023 (In Cheque Bounce Law)
Registered "Sathekhat" in Dapoli. The developer had given 10 post dated cheques. Among that only 2 or 3 are cleared. One installment was given by NEFT. He is living in Kothrud Pune. For one cheque I received a message from the bank that the "Payment is stopped by the drawer". Now he is not receiving any of my phone calls.
Answers (5)

Answer #1
616 votes
On the basis of reason as per said bank authority. You can received the memo of cheque dishonoured and send them legal notice.after waitng period of notice you can field complaint against them of NI act and section 138
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Advocate Sagar Yedke

Adv. Sagar Yedke

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Answer #2
761 votes
This is a good ground for cheque bounce case . Do one thing kindly send him one notice u/s 138 of negotiable instruments Act ,1881 within one month from d date of dishonour of said cheque through advocate .
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Advocate Vikas Galugade

Adv. Vikas Galugade

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Answer #3
676 votes
U can file under 1. Under sec. 138 of Negotiable instrument Act 2. Civil suit for recovery of money but this suit take more stamp duty. 3. Also file police complaint u/s 420 of IPC but result from this case not satisfied the complainant. There for advocate suggest you to file u/s 138 of NI Act.
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Advocate Mayur Kumar Chopda

Adv. Mayur Kumar Chopda

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Answer #4
889 votes
Firstly u filed a complaint under section 200 of criminal procedure code and after that u filed a case under section 138 of nigotiable instrument act and after that u send him a notice for payment of said cheque amount within 15 days if he did not paid the said cheque amount then after 30 days u should filed a case but remember that limitations period does not lapse otherwise your case will not be filed
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Advocate Amit Vijay Rathi

Adv. Amit Vijay Rathi

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Answer #5
810 votes
Yes, it amounts to ground for action, under negotiable instruments act provided, there is no any valid/legal reason unfet contract for stopping payment. Other surrounding background facts are also required to be considered as to why payment is stopped. Notice of dishounsr of check required to be given by RPAD within statutory period giving him 15 days time to pay money.y
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Advocate Guthe Valmik Vitthal

Adv. Guthe Valmik Vitthal

LawRatoMumbai | 25+ Answers
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