• Cancellation of cheque prior to encashment

I had given cheque to the builder of my property in year 2008 without any date as insisted by builder as a caution amount.As the amount was exceeding the total price of property,i later gave instruction to the bank to stop payment against the cheque no. in 2008.
The builder put the date of 2014 in given cheque and tried to encash it,but the bank returned the cheque back.
Can i fall in any legal problem ?
Asked 10 years ago in Civil Law

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4 Answers

Giving stop payment instruction to bank does not offer you any escape route from a criminal prosecution for bouncing of your cheque. If he files a case against you then defend yourself in the court.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

already replied

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

cheque has been dishonoured on grounds of stop payment . builder can file case under section 138 Ni of Ni Act on account of dishonour of cheque

Ajay Sethi
Advocate, Mumbai
97248 Answers
7855 Consultations

An undated cheque has also stipulation that it will be honoured within 6 months i.e. date of its validity from the date of issue. Since the cheque was issued in 2008 and stop payment instructions had been issued in 2008, the cheque is not valid document. No action under section 138 NI Act or under civil law can be initiated against you.

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

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