If you stop payment party can file case under section 138 NI against you
bank is not bound to ask you whether cheque should be cleared or not
Stop cheque payment
A post dated cheque issued to a party for heavy amount in two digits of lakh ,Now can- 1. I stop payment for that cheque, OR 2. If cheque presented for payment whenever in the bank so before debiting my account against cheque for required amount bank should must inform me that we received that cheque for payment and ask me whether issuer of cheque wants to debit his account against cheque issued. Please suggest helpful suggestions.
Asked 3 years ago in Criminal Law
Religion: Hindu
12 answers received from multiple lawyers
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12 Answers
1. For making stop payment , there must be a valid reason , otherwise it is an offence under N.I. Act.
2. If you have issued the cheques ,after proper signing the same , then the bank is under no obligation to inform you for the clearance of that cheque .
- You can issue a notice to that party for giving instruction for not to present the cheques without informing you, and further if the cheques bounce then mention that you will not responsible for the same.
Dear Client,
If you stop payment party can initiate a legal action against you as per Negotiable Instruments Act.
Thank You.
You can issue instructions to your bankers to stop payment if the cheque is presented for payment.
Once the cheque is presented to the bank by the holder of the cheque and if there is sufficient amount in your account then the bank will certainly honor the cheque and make payment to the presenter.
1. Yes
2. Yes you can but it will incur Offenece under 138 of NI Act in above case.
- Any instruction to stop payment will incur liability for bouncing of cheque under Section 138 of Negotiable Instruments Act, 1881.
- Cheque is unconditional authority to the drawer to withdraw amount mentioned in cheque. Bank has not power to seek your consent second time before making payment of cheque amount to the drawee.
Please help in provide appropriate solution related to stop payment for post dates cheque issued as post dated cheque issued for payment of mutual consent divorce alimony amount by concerned lawyer by making unnecessary pressure and post dated cheque issued for June 2022 and now mutual consent divorce case filed got listed for final hearing or hearing in October 2022. In such case I feel that party can't use that unnecessarily prior final hearing or hearing going to happen in October 2022. It may result me in cheating loss. Please provide me appropriate suggestion so that I can stop that cheque Payment from getting misused in future after June 2022 but not before final mutual concern divorce certificate received by appropriate parties.
Asked 3 years ago
You should send letter to opposite party to deposit cheque in October 2022 as you are willing to issue fresh cheque for said amount and to return earlier cheque
You can do stop payment and reply to notice if the other party send any notice
- Cheque is issued as alimony in mutual divorce
- Cheque will mature for presentation in June 22 and MCD is posted in October 22.
- June 22 cheque will be presented to bank.
- A notice under Section 138 will be issued to you by wife which will be received in first half of July.
- You can reply the notice denying MCD.
- As your liability to pay alimony arises out of divorce, no divorce no alimony.
The best way to stop payment of the cheque is to send a letter to the bank instructing the bank to stop payment against the cheque if presented.
The written instruction would enable the bank to stop payment and the cheque will be dishonored if presented for payment.
Dear Client,
You can ask your bank to stop the payment and need to give details of the cheque, but that person can file a case against you in the future as the Supreme Court has ruled that stopping the payment of a post-dated cheque, issued to discharge debt or liability, is a criminal offense under the Negotiable Instruments Act
Thank You
- You can move an application before the bank for stopping the said cheque after mentioning the reasons in short.
- Further, inform the other party