Legal Question in Banking Law in Pakistan

I have given a cheque to my wife as maintenence decreed by court but after given cheque, i realized that court has decreed in my favour and she has lost the case actually. She took cheque by me after misguiding me. Currently she is living with me and she is saying that she want to encash that cheque. But she lost the case of maintenence, so I dont want to encash the cheque so I gave an application to concerned bank manager for stop payment for that particular cheque after telling him the exact situation that the cheque was given by mistake and she has taken by misguiding me. Manage issued me a stop payment letter. Now my question is that can she file a case of 489 against me? Manager said that bank will not issue a dis-honour slip for stop payment application so she can not file a cheque dishonour case against you but i want to know the law in this regards as well. My cheque is still with her and she can go to bank anytime. Please guide


Asked on 8/03/16, 3:25 am

3 Answers from Attorneys
Adnan Bashir A B Choudry Law Firm

she can use it .

[email protected]

0333-5492377

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Answered on 8/03/16, 2:20 pm
Sher Baz Ali Sameja, Mughal & Meo-The Law Firm

yes she can used but you have remedy to file a case in civil court and declare said cheque null void. easy and simple procedure. please contact us @ 03459564808 or email us [email protected]

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Answered on 8/05/16, 2:08 am
Sheikh Mohammed Akram Nazir Akram Nazir Law Chamber

it is still a valid negotiable instrument, but you have a civil remedy only if you act vigilantly,otherwise there will be complications. you can call for further discussion 0323 4638149.

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Answered on 8/13/16, 3:41 am


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