Glossary

What is a stop payment on a cheque, and does Section 138 apply?

A stop payment instruction is the drawer asking its bank not to pay a cheque it has issued. Buyers sometimes use it believing it avoids the criminal consequences of a bounce. It does not, if the cheque was issued for a debt that remains unpaid.

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Short answer

A stop payment (or "countermand") is an instruction by the drawer to the drawee bank not to pay a specified cheque. When the payee presents it, the bank returns it with the memo "payment stopped by drawer". The Supreme Court has held that such a return amounts to dishonour under Section 138 where the cheque was issued for a legally enforceable debt and the drawer did not have sufficient funds or a genuine reason connected to the transaction. The same 30-day notice and 15-day payment timelines apply.

How stop payment works in India

The drawer gives written or online instructions to its bank identifying the cheque number and amount. When the cheque is presented the bank returns it unpaid with the stop-payment reason. The payee gets a memo like any other dishonour and may send a Section 138 notice. At trial the drawer must show why payment was stopped: for example that goods were never supplied, the debt was paid by other means, or the cheque was obtained by fraud. If the stop was simply to avoid paying an admitted invoice, the conviction follows as it would for insufficient funds.

Why it matters for getting paid

Buyers who stop payment usually think they have escaped criminal liability and will stall. A prompt notice that cites the Supreme Court's position and attaches the invoices and delivery proof changes that view. The cheque return memo must be acted on within 30 days exactly as for insufficient funds. Suppliers should also keep records showing the goods or services were delivered and accepted, since that is what defeats the "genuine dispute" defence.

How FundRaksha uses it

FundRaksha treats a stop-payment return as a Section 138 matter and sends the notice within 24 hours, with the delivery proof and the statement of account attached so the drawer sees the dispute defence will fail. The dedicated advocate then files the complaint if the 15 days pass. The fee is 30% of recovery; nothing is charged upfront.

Worked example (hypothetical)

A Pune machinery supplier delivers equipment worth ₹12,00,000, receives a cheque for ₹12,00,000 dated 30 days later and a signed installation report. On presentation the cheque returns "payment stopped by drawer" on 2 May. The notice goes on 5 May, received 8 May; payment due 23 May; nothing is paid. The complaint is filed on 1 June. The drawer's defence is "machine not working", but the signed installation report and absence of any written complaint before the stop undermine it. The court orders ₹2,40,000 (20%) interim compensation and the matter settles for the full ₹12,00,000 within four months.

Last reviewed: 2026-10-08. Information for Indian businesses; not legal advice.

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Talk to a FundRaksha recovery expert for free. In one call we assess your unpaid invoices and tell you honestly what can be recovered, how, and in roughly how long. No fee for the call, no obligation, and no upfront cost if you go ahead: our fee is a percentage of what we actually recover.

  • A review of your invoices, purchase orders, delivery proof and the buyer’s replies
  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
  • A realistic timeline and the exact cost: nothing upfront, a success fee only on recovery
  • A dedicated advocate assigned within 24 hours if you decide to proceed
Keep these ready
  • The unpaid invoice(s) and payment terms
  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

No recovery, no fee. Court fees, if any, are borne by the client and told upfront.

FAQ

Questions, answered

If the underlying liability had crystallised and was unpaid when the cheque was presented, yes. If the debt had been paid or had not yet arisen, the drawer has a defence.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.