Legal Question in Banking Law in India

I presented a cheque to an organisation and forgot to mention the date on the cheque.

After the organisation presented the cheque in the bank , i got a message(SMS) from them that cheque has bounced from central clearing facility. After that they (and Not the bank) are charging me Rs 350/- as cheque bouncing charges while they have not provided me the return voucher for cheque dishonour from the bank. Can they charge me Rs 350/- as cheque dishonourment charges in case the same has not been charged by their bank to them ??

I always had sufficient amount in my account and the cheque was reported dishonoured by them (and not my bank) stating only the reason as "date not mentioned over cheque. Please advise


Asked on 5/16/13, 2:06 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

16.05.2013

Dear Sir / Madam,

As much as you forgot to write the date on the cheque, it was also the responsibility of the organization to whom you issued the cheque to verify whether it is complete in all respects at the time of acceptance. The organization cannot charge any adhoc charges as they please for cheque bouncing. The actual cheque bouncing charges debited to their A/c which is usually not more than Rs. 100/- can be recovered from you by giving you a copy of the bank's debit advice as proof in support of the claim.

Regards,

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Answered on 5/16/13, 4:00 am


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