returned the cheque with a memo dated 15.03.2003. The
'stop payment' instructions given by the defendant to his banker
amounts to an offence ... sent a letter to the Bank with 'stop payment' instruction and
even after service of the letter dated 03.03.2003, the plaintiff
Sri. Subramani.N vs Sri. Devaraju.M on 4 February, 2020
1 C.C.No
complainant did
not return the cheques. Hence, he submitted stop payment
instruction to his banker. Due to the cancellation of sale
agreement, the complainant misused ... issued
endorsement dishonoring the cheques as funds insufficient,
though he submitted stop payment instructions. DW-1 has
deposed that, the complainant has played fraud. Prays
cheques of the
accused, which were obtained forcefully. Therefore, he gave stop
payment instruction to his banker.
The accused has further deposed that, earlier ... true copies of stop payment
instruction applications submitted by accused
herein before his banker.
The DW.1 was subjected to the cross-examination
Memo stating that, the cheque was
returned without payment in view of stop payment instructions
given by the drawer. After receipt ... 25041/2018
liability, to avoid payment, if stop payment instruction is given,
despite sufficient funds are available in the bank account of
accused
accused has not examined his banker as to, whether
himself gave stop payment instructions to his banker in
the printed form and it is filled ... 715638 and he lost it and that is why, he gave
stop payment instructions to his banker. Hence, the
dictum laid down in the above
return said cheques even after seven days, she gave
stop payment instruction to her banker on 8.1.2018, as
per Ex.D2. However, on careful ... banker of accused, it is
clear that the accused has given stop payment instruction
to her banker not regarding only two cheques in question
case to show
that why this accused has issued the stop payment
instructions. It is not the case of the accused that
the cheque ... cheque would have been
encashed if there was no stop payment instructions.
Apart from that for what reason the accused has
issued the stop payment
cheque amount has not been paid
and he has issued stop payment instructions to his
banker. The accused further claimed that he has
sufficient bank ... cheque amount has not been paid
and he has issued stop payment instructions to his
banker. The accused further claimed that he has
sufficient bank
been forcibly obtained from him hence, he has issued
a stop payment instructions. Accordingly prayed for
dismissal of complaint.
8. On the basis of above ... hence, he has issued
8
C.C.No.56950/2016
a stop payment instructions. Accordingly prayed for
dismissal of complaint.
12. The complainant in support
