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Stop
payment instructions cannot obviate the offence.
Even
if stop payment instructions are given and notice of the same is given to the
payee or holder in due course liability cannot be avoided.
The
position will not be different even if the drawer had instructed the bank to stop
payment prior to the presentation of the cheque for encashment.
Once
the cheque is issued there is a presumption, that the holder received the cheque
for the discharge, of any debt or liability and merely because the drawer issues
a notice to the drawee or to the bank for stoppage of the payment it will not
preclude an action under the Act.
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