Wrong cheque number Wrong cheque number

1 month ago

I have stopped my cheque that given in sales deed and now cholamandal finance bank is telling me to give bank statement so I am giving another cheque to owner it is required to change sales deed and morgate because my loan cheque is not recieved yet

Anik

Responded 1 month ago

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A.Dear Client,

A stop payment instruction issued by the drawer of a cheque, originally intended for fulfilling a contractual obligation, could trigger legal implications under the Negotiable Instruments Act (N.I. Act). Section 139 of the N.I. Act establishes a presumption regarding the issuance of cheques for discharge of debt, while Section 138 outlines the legal consequences, including potential legal action, that the drawer may face for dishonoring the cheque.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
The contents of your query require more details to address it properly, A stop payment instruction to the Bank from the drawer of the cheque which was issued towards discharge of any contractual obligation would attract presumption under Section 139 of the N.I. Act and the drawer of the cheque would face legal consequences under Section 138 of the N I Act, 1938.

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