presented, the cheque was returned unpaid in view of the stop payment
instructions given by the accused/respondent. It is the case of the
complainant ... transaction, for which payment was made, is of
February 1996. Moreover, what is very pertinent to note is the stop payment
instructions (Exhibit
Advocate addressed to respondent dated 4.10.1994, bank was instructed to stop payment. This letter was replied by the respondent on 12.10.1994 denying the allegations ... observed that even if cheque is dishonoured because of "stop payment" instruction to the bank, Section 138 would get attracted
made by the complainants to see that those payments are withheld under the stop payment instructions. These transactions took place beyond the banking hours ... payment instruction is seriously under dispute. The Bank does not concede that this payment was made before the receipt of no-payment instructions. We further
turn "stop payment" instructions were
also issued to the banker with a request not to honour
the subject cheques. The applicant/accused ... another 2005 ALL MR (Cri) 1519 (SC).
In the present case, stop payment instructions were
issued by the accused after issuance of the cheque.
Hence
2018 02:21:17 :::
apeal232.14.J.odt 5
and stop payment instructions were issued.
5] Perusal of the complaint reveals, that the version ... name of the
complainant. The sesame was not supplied and stop payment
instructions were issued is the deposition. In the
cross-examination, it is extracted
4608/2016).
11] When cheques are dishonoured due to stop payment
instructions, still there is a liability fastened as per the provisions of
Section ... cheques (that is first three), the complainant was not aware of stop
payment instructions. It is a matter of record that letter stopping
payment given
4608/2016).
11] When cheques are dishonoured due to stop payment
instructions, still there is a liability fastened as per the provisions of
Section ... cheques (that is first three), the complainant was not aware of stop
payment instructions. It is a matter of record that letter stopping
payment given
Even though the cheque is dishonoured by
reason of 'stop payment' instruction an offence under Section 138 could
still be made ... even when the
cheque is dishonoured by reason of 'stop payment' instructions by
virtue of Section 139 , the Court has to presume that
after thought and not
suggested to any of the witnesses. Stop payment instruction can
absolve the drawer of the cheque only when he can show ... that there is a
sufficient balance in the account. So, 'stop payment instruction' has to
be believed as the only reason for dishonour
after thought and not
suggested to any of the witnesses. Stop payment instruction can
absolve the drawer of the cheque only when he can show ... that there is a
sufficient balance in the account. So, 'stop payment instruction' has to
be believed as the only reason for dishonour
