that even in cases where the dishonour was on account of “stop
payment” instructions of the drawer, a presumption regarding the cheque
being for consideration ... held that even though the cheque is dishonoured by reason of
“stop-payment” instruction an offence under Section 138 could
still be made
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 ... cheques at the time of
their presentation and (ii) that the stop payment instruction had been
issued for valid and bona fide cause including that
that arise for
determination in this appeal are:
1. Whether the stop payment instructions issued by the Accused to his
banker will attract penal liability ... Chartered Bank, Hyderabad
on the ground that payment was stopped by the accused. The stop payment
instruction is not denied by the accused. As already
encashed for a sum of ₹113.25 Lakhs, despite giving 'stop payment' instructions. The Bank requested the Complainant to lodge a Complaint in writing ... Account No. 910020018173149
Sub: Stop Payment
Dear Sir,
You are requested to stop payment against the following cheque. The relevant details of which
stop payment
instructions issued were bona fide."
16. Furthermore, on the aspect of dishonor of cheque on the
account of payment stopped ... accused in requesting to delay the payment for the cheques
before issuing stop-payment instructions till the dispute is
resolved, is a bona-fide conduct
police.
Immediately he went to his banker and caused stop payment
instructions towards the said cheque, as the said cheque was
not issued ... presented for payment, there was sufficient his account, but
it came to be returned because of the stop payment
instructions given by him is highly
dishonor of the cheque in question is wrong since he issued stop
payment instructions to his banker, he did not receive any legal notice,
although ... accused to inform the
complainant that he has given stop payment instructions to his bank, the
machine was delivered
stop payment
instructions issued were bona fide."
16. Furthermore, on the aspect of dishonor of cheque on the
account of payment stopped ... accused in requesting to delay the payment for the cheques
before issuing stop-payment instructions till the dispute is
resolved, is a bona-fide conduct
where this Court
held that "stop-payment instructions" and consequent
dishonour of a post-dated cheque attracts the provision
of Section 138 . This ... what date stop-payment order was sent
by the drawer to the bank clearly leading to the obvious
inference that stop payment although by itself
bank stating that
the cheque has been returned due to the stop payment instruction given
by the accused. The accused contended that as the cheque ... accused's account and then had taken a
stop payment instruction from the accused and it is on this basis, the
cheque was subsequently
