shows that even when the
cheque is dishonoured by reason of stop
payment instruction, by virtue of Section
139 the Court has to presume that ... different date in the `stop
payment' instructions to his bank.
Furthermore, the instructions to `stop
payment' had not even mentioned that the
cheque
shows that even
when the cheque is dishonoured by
reason of stop payment instruction,
by virtue of Section 139 the Court
has to presume that ... date in the 'stop payment'
instructions to his bank.
Furthermore, the instructions to
'stop payment' had not even
mentioned that
account maintained with the H.D.F.C. Bank, when the
stop payment instructions were issued by the accused persons. In such
circumstances, no offence ... deal with the contention that at the time of issuing
the stop payment instructions to the Bank, there was sufficient balance
in the current account
were making false excuses,
and therefore, the applicant had issued 'stop payment
instructions' in respect of two undated cheques. Mr. Shah,
learned counsel ... execution of the sale deed, the present applicant had issued
'stop payment instructions' on 19.11.2016.
5.2. Mr. Majmudar, learned counsel also disputed
Court that the accused did not seem to have issued
the stop payment instruction with a view to dupe the complainant and,
therefore, when overall ... Bank completely from making payment,
which was merely instruction to the Bank that till further
instruction, no payment is to be made.
The
Court
behalf of Respondent No. 1 Company was returned on account of Stop Payment instructions issued by the drawer. The statutory Notice came to be issued ... Company. The same came to be returned as the Drawer issued stop payment instructions. The statutory notice was issued that was received by Respondents
even though the cheque is dishonoured by reason of 'stop
payment' instruction an offence under Section 138 could still
be made ... shows that
even when the cheuqe is dishonoured by reason of stop
payment instructions by virtue of Section 139 the Court has to
presume that
encashment on two occasions, which returned the same under 'Stop Payment' instructions from its Drawer i.e. Defendant No. 1. The plaintiff through ... open to HDFC to dis-honor it on the ground of stop payment instructions of drawer.
30. The advocate for the plaintiff also submitted that
that the custody of the
cheque was duly proved and the stop payment instructions
subsequently issued by the respondent accused, goes to suggest
that ... evident that the
cheques payment / realization has been defaulted only on account
of "stop payment instructions". It is equally trite that no material
said cheque was stolen, the bank was given "stop payment" instruction and, therefore, the petitioner had not committed any offence under section ... present case, as the petitioners, without any detailed reasons for instructing "stop payment", and without making any arrangement for sufficient funds
