Stopping Check Payment.

Asked in Banking

  • SHAURYA SINGH

    Hyderabad

Expert's Answers(7)

  • Kishan Dutt Kalaskar 40 years Exp (Retired Judge)

    Bengaluru Urban, Karnataka
      187 Client Ratings

    Yes, you can issue such instruction to your bankers and a notice accordingly to the other side with a direction to cancel your proposal and ask them to return the check after deducting their charges if any.

    February 18, 2018
  • Advocate Harish Chandra Yati

    Delhi, Delhi
      5 Client Ratings

    In the case of M.M.T.C. Ltd. v. Medchl Chemicals and Pharma (P) Ltd., (*Phone*SCC 234, the Supreme Court has held as under: “. … It has been held that even though the cheque is dishonoured by reason of “stop-payment” instruction an offence under Section 138 could still be made out. It is held that the presumption under Section 139 is attracted in such a case also. The authority shows that even when the cheque is dishonoured by reason of stop-payment instructions by virtue of Section 139 the court has to presume that the cheque was received by the holder for the discharge, in whole or in part, of any debt or liability.

    February 18, 2018
  • Advocate Viswanadham

    Kurnool, Andhra Pradesh
      1 Client Ratings

    in such a case you can stop payment with an instruction to your banker

    February 18, 2018
  • Advocate Viswanadham

    Kurnool, Andhra Pradesh
      1 Client Ratings

    pay the amounts due in cash. stopping payment will amounts to cheque bounce.

    February 18, 2018