regards drafts by payment in
due course, which is defined as follows in S.
10 :
"Payment in due course' means payment in
accordance ... stop payment was
given by the purchaser. From the said judgment it reveals that
bank can stop the payment of the draft if bank
move any applications before the concerned Bank managers for
stopping the payments of the drafts. PW8 has further deposed that
complainant had told him that ... write any letter to the concerned
bank regarding the stop payment of said drafts. He did not give any
instructions to complainant Banwari Lal Sharma
regards drafts by payment in
due course, which is defined as follows in S.
10 :
"Payment in due course' means payment in
accordance ... stop payment was
given by the purchaser. From the said judgment it reveals that
bank can stop the payment of the draft if bank
India , Paliakalan
on 25.10.2002 and the bank forwarded request for stop payment of drafts to
its service branch in Delhi by fax as well ... draft was in total as Rs. 1,66,560/. The
draft could not reach the destination. He tried to stop the payment against the
draft
demand draft and asked
the bank to stop the payment of the demand draft. Accordingly, the
defendant bank stopped the payment of the demand draft ... stated that he had
requested the defendant bank to stop payment of the demand
draft Mark PW1/A.
• Once the demand draft Mark
triable issue involved in the present
suit. Issuance of draft and stop payment of the same is not in
dispute, hence defendants are not entitled ... payment of consideration of sale of
immovable property as stated by plaintiff. Further, I find that
defendants got stopped the payment of draft by reporting
received by him. He deposed that his father got stopped the payment of the said
draft in the concerned bank. He deposed that after ... that he informed the State Bank
of India and stopped the payment of demand draft. He deposed that after about
3 years he received
stop payment register.
However PW1 has denied knowledge of fact if any stop payment was recorded in respect of
the drafts in question ... time for the plaintiff bank to have received notification for stop payment
of said draft. There is no explanation given to justify why the information
whether he had ever earlier asked the accused - petitioner herein,
for payment of any of these three cheques, to which the complaint pertains ... encashment were received
back as dishonored with reasons 'stopped payment by draft', vide cheque return
memo dt.22.04.2010 and despite legal
draft payable to 'R' at Bombay. The
draft was lost and owner of the draft requested bank to stop
payment. The payment
