NI Act Section 138 ( Stop Payment - Cheque Bounce) | Vkeel - Free Legal Advice

Anurag Vidyarthi

Lakhimpur Kheri

Recently,I had discussion with land-owner and he told me that he had taken bank loan against the land and recently he paid-back it and now wants to sell his land. I had verbal agreement with him for buying the land and then as 'advance' I gave him the post dated cheque of 5 Lac and after a while when I checked with bank I got to know that he didn't payback loan but in the meantime he submitted my signed cheque in his bank. I stopped the pmt and now he sued me under NI act 138. Need legal help.

Expert's Answers(5)

H K Chaturvedi, Advocate Supreme Court.
Noida, Uttar Pradesh

12 Client Ratings

It's very good case for filling quashing of 138 complaint in the High Court and entire case will be stayed. If you find this advice suitable then consult for go ahead further.

May 30, 2023
Advocate Anik
Bengaluru, Karnataka

65 Client Ratings

Dear client I am sorry to hear that but in this case you can go ahead and defend yourself. Moreover outside cour settlement can also be one of the option.

May 28, 2023
Adv Mukul Kumar Singh
Lucknow, Uttar Pradesh

3 Client Ratings

You will have to defend your case now, if he had sued you.

May 28, 2023
Advocate Yogesh Navmahalkar
Jalna, Maharashtra

17 Client Ratings

Yes, Stop payment attracts negotiable instrument act means cheque bounce case can be filled on that ground also. So you have to defend your case as per your story.

May 28, 2023
Advocate Jitender Singh
New Delhi, Delhi

16 Client Ratings

If he has already reached the court then you will also be given a great time to defend your case. You can always write down your grievances in the form of your written statement and submit the same in the court. And if you have any proof of the transaction like any WhatsApp chats then you can also attach it with the certificate under section 65B Evidence Act. For more legal assistance I am just a call away.

May 28, 2023