respondent Bank could not have stopped the payment under the
Bank Drafts, leaves whereof had been stolen/robbed, he stated that it is not
possible ... subject Bank Draft that the Bank Draft
leaf of that number had been stolen/robbed from it. Nothing prevented it
from stopping payment under such
which the amount had been credited
after "stopped payment" of demand drafts.
5. From the available record, the CPIO responded ... consent of the other party, they could not stop the payment of the demand drafts.
6. The respondent has already responded to the appellant
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
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
brevity). It was
the case of the plaintiff that a demand draft bearing no.462749,
dated 9.1.2001, in favour of one Raj Kishore ... requested the bank to stop
payment. Notwithstanding such intimation, the demand draft had
been encashed by a person posing himself as the payee who would
made over to Dr. Kasliwal, the father of the defendant.
The payment was stopped because the cheque issued by IFB Industries or
maturity ... because of that the plaintiff issued the stop payment
instruction, thereafter, the said demand draft was issued for Rs.25,51,000/-
from Calcutta
January 2004 for stopping the payment. The Deutsche Bank
complied with the request and did not make payment against the
demand draft dated 2nd January ... annum from 01.01.2004, the date of stop payment
letter to the date when fresh demand draft is prepared
by the appellant as per the direction
January 2004 for stopping the payment. The Deutsche Bank
complied with the request and did not make payment against the
demand draft dated 2nd January ... annum from 01.01.2004, the date of stop payment
letter to the date when fresh demand draft is prepared
by the appellant as per the direction
payment of deficit stamp duty. Ex.P7 is communication
from the plaintiff to the South Indian Bank to stop payment on the demand
drafts ... South Indian Bank with a
request to stop the payment of the two demand drafts. Ex.P10 is the demand
draft in the name
total payment. Despite this, cheque
No.224910 was presented by the complainant for encashment.
The payment of the cheque was stopped. In reply ... withhold your due payment and in order to make the
payment towards the balance amount, my client has
got issued Demand Draft No.522545 dated
