Legal Question in Banking Law in India

stop payment of two cheques

gave icici bank 2 cheques dated 2/2/09 one for amount 2000 and the other for amount 2110. but at the back of them i clearly wrote to be presented only on 6/3/09 as there is no funds and money will come into the account only on the 5/3/09. they promised they wont present before the date mentioned at the back. so in good faith i gave but they have presented the cheques so i have issued stop payments for both. am i liable . also in front of the cheque first i had mentioned the march date but they made me cancel that and put 2nd feb date and they took my counter signature near the date. so if i am liable will the judge consider all this.


Asked on 2/03/09, 7:57 am

4 Answers from Attorneys
J. Radhakrishnan independent Practice

Re: stop payment of two cheques

Once u receive notice you reply with the above facts and pay them the amounts of the cheques in March 2009 to escape punishment.

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Answered on 2/03/09, 9:34 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: stop payment of two cheques

you can state the above facts in your defence or in notice reply.

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Answered on 2/04/09, 1:10 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: stop payment of two cheques

Hello.

You can state the facts in the reply of the notice or else you may pay the amount of the cheques.

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Answered on 2/04/09, 6:02 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: stop payment of two cheques

You may send them a bank draft, in lieu of the said two cheques, in March 2009. If you receive any demand notice from them, you may inform that you will be making the payment in March 2009. You should avoid any legal action - it will be expensive and time consuming.

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Answered on 2/03/09, 5:10 pm


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