What to do when cheque that has been stopped is presented in the bank?

617 votes

Firstly since your aware of the situation go and immediately file a police complaint like explaining the past issue and how your friend has cheated you by writing third party name on the cheque .... Which will support you thus as an evidence if your cheque is bounced ,... You need not worry if they file cheque bounce case as your handwriting is not there and it was third party handwriting it will be sent for handwriting expert ... So firstly go and give police complaint

Advocate Suma N LawRato

901 votes

Hi as per fact u told ..there is no corroboration of fact for obtaining lone through agreement and cheque presented. bec it is not presented in your friends name from whom u have borrowed the amount .and you have already stopped the check for the reason of lost of cheque book.so they can seek for recovery of amount from you but if they will go for 138 of NI ACT .cheque bounce case .no merit in the matter.

Advocate Babita LawRato

868 votes

You may have signed on some other paper also? If not as per Law, you should explain how that cheque went to the hands of presenter. But a lot depends on what is their version. IYou may have to admit borrowing Rs. One lakh.

Advocate S.K Prabhakar Shetty LawRato

926 votes

Hi...if it is 7 years old cheque sure it have no value in law and Bank also not suppose to take that cheque. And if any one files case also court will not take any action against you.
Thank you

Advocate Rama Chandra Shenoy LawRato

885 votes

Dear client,

Please note that stopping of a cheque may amount to dishonour under Section 138 of the Negotiable Instrument Act has held by the Supreme Court of India in the case of Rangappa v. Sri Mohan, (2010) 11 SCC 441. The payee of the cheque shall submit a demand notice to you, in response of which you can mention the reasons of stopping the cheque. However, if the sender of the notice is not satisfied with your response and you deny settling the case in response to the notice then a case will be filed against you before the Metropolitan Magistrate.

Hope this clarifies your query.

Best regards,

Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilised or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.

Advocate Sangeet Sindan LawRato