insufficiency of
funds since the accused had instructed his bank to stop
payment. Accordingly, the trial judge had recorded a finding of
acquittal ... instructions sent by the
accused to his Bank for stopping payment, there is a reference
to cheque No. 0886322, dated 20-7-1999. This
dishonour of a
cheque on the ground that the drawer had stopped payment was a dishonour
punishable under Section 138 of the Act. Relying upon ... dead letter, for, by giving instructions to the bank to
stop payment immediately after issuing a cheque against a debt
or liability the drawer
Bank on the ground that the
respondent had issued instructions to stop payment. The appellant sent a legal notice
to the respondent regarding the dishonour ... dishonour the said liability by issuing instructions to the
Bank for stop payment. To avoid the aforesaid and to create an element of credibility
were presented for payment on 29th March 2007 for the third time, they
were returned dishonoured with the remarks „payments stopped by the
drawer ... submitted that even though the cheques were
dishonoured by reason of stop payment instructions, the offence under
Section 138 NI Act would still be attracted
said Bill. The said cheque was dishonoured for the
reason "Payment Stopped by Drawer" vide memo dated
21.12.2010. The appellant got issued ... evident
from her conduct of having submitted a false application to stop
payment to her banker in advance on 01.12.2010 and then
issued the cheque
realisation, it came to be returned with the endorsement "stop payment" on November 26, 1996. Thereafter, immediately, the complainant contacted the petitioner ... second time also, the cheque was returned with the endorsement "stop payment" on February 10, 1997. The said intimation was sent
returned unpaid
on 3/10/2006 for the reason “Payment stopped by drawer”. The complainant on
13/10/2006 sent a demand notice ... Counsel submitted that the High Court was wrong in holding
that “stop payment” instructions are not covered by Section
Branch, Baddi, Solan, Himachal Pradesh was
dishonoured for reason of "payment stopped by drawer". The cheque was
issued by accused no. 2, disclosing ... cheque is dishonoured for the reason "payment stopped" and the reason for
stopping the payment is valid, it does not amount to dishonour
concerned with a cheque, which was returned with an endorsement "stop payment". Though, in the headnote, it is stated that "stop payment ... counsel further contended that the cheque returned with an endorsement 'stop payment' and it was not returned due to insufficiency of funds because
stopped "anyhow". His father accordingly sent a telegram to the Dacca Branch of the Imperial Bank asking them to stop payment which reached ... never be countermanded or its payment stopped in any circumstances, but that the difficulty in countermanding or stopping payment of a draft could arise only
