Legal Question in Banking Law in India

I had issued a cheque of Rs. 28390/ to a person so that he transfers his bike in my name and then present the cheque as almost 50% payment was done to him. but without transfering the bike in my name, he presented the cheque just to harass me due to some family fight going on. I issued a stop payment order. at that time my account balance was more than 1.85 lakhs. subsequently he presented cheque and it was returned due to insufficient funds after around two months. He issued notice and subsequently a summun is received. he says that I had borrowed money from him on a certain date which is a white lie. I was not in town and I have solid proff of that.

So what if a stop payment order was issued because purpose of cheque was not fulfilled by complainant of 138 . Can the case be quashed immediately on providing the proof to court and also can the complainant be punished by same court for his intentions to cheat and waste courts time and lying?

Asked on 10/04/13, 11:09 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

You should file a case of cheating in the local Police station to set things right between you and the person. A copy of the Police report filed with your case in the Court will expedite matters and the case ruling in your favour.


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Answered on 10/13/13, 6:34 am

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