Legal Question in Criminal Law in India

Re: Stop Payment Cheque

Depends on the builder so you talk with him clearly.

Re: Stop Payment Cheque

If builder does not issue notice of demand within period prescribed by NI Act, then you will be out of criminal action as barred by limitation.

If builder does not initiate civil suit within 3 years from date of dishonour of cheque, then you will be out of civil action.

If you get your cheque back from builder with appropriate writing, then you will out of both criminal and civil action on the date of such writing.

Re: Stop Payment Cheque

It depends upon the will of builder

Re: Stop Payment Cheque

You may write a REGISTERED POST letter to the building asking back the cheque and informing that the cheque ought not to have been presented as there was no legal liability upon you and that you were not required to make him any payment.

Re: Stop Payment Cheque

I believe there will be no issues. However, as a matter of abundant caution you may choose to write a letter by a registered post informing the builder that the cheque should not have been deposited till the title clearance is obtained and the by depositing the said cheque the builder has breached the contract.