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14. In Malik Barkat Ali (Supra) case, it was held that "The question that falls to be decided is what are the conditions in which a bank can stop payment of a draft after it has reached the hands of the person in whose favour it is drawn, and whether it can do so at the instance of purchaser. No decision on exactly similar facts has been laid before us, but the general principles seem fairly clear.

Ordinarily, a bank cannot stop payment of a draft unless there is some doubt as to the identity of the person presenting it as being or properly representing the person in whose favour it is drawn. This appears from Sheldon's Practice and Law of Banking, 1931, p. 155. the position of a bank in regard to its own drafts is not quite the same as its position in regard to cheques drawn on it, since it has taken on commitments of its own in favour of a third person at the instance of the purchaser. This seems to be in accordance with the provisions of the Negotiable Instruments Act. Section 85 A lays down that the bank is discharged as regards drafts by payment in due course, which is defined as follows in S. 10 :

15. In that case, bank had encashed banker's cheque in favour of the payee despite the direction of stop payment was given by the purchaser. From the said judgment it reveals that bank can stop the payment of the draft if bank has doubt regarding the identity of payee.

16. In case Tukaram Bapuji (Supra) wherein it is held in para-8 that :

"From a consideration of these authorities, in my opinion, the following propositions emerge :-

(4) Ordinarily, a bank issuing a draft cannot refuse to pay the amount thereof, unless there was some doubt as to the identity of the person presenting it as being or properly presenting the persons in whose favour it was drawn, or, in other words, unless there is reasonable ground for disputing the title of the person presenting the draft; and (5) Once the draft has been delivered to the payee or his agent, the purchaser is not entitled to ask the issuing bank to stop payment of the draft to the payee on other grounds such as matters relating to consideration, and the issuing bank can thereafter pay back the amount of the draft to the purchaser of the draft only with consent of the payee."