Asked in Banking
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.
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.
in such a case you can stop payment with an instruction to your banker
pay the amounts due in cash. stopping payment will amounts to cheque bounce.
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