Legal Question in Banking Law in India

Re: bearer cheque

You cannot file a case u/s. 138 of the NI Act.

Re: bearer cheque

No you don't get any Bank Memo for its dishonour and therefore as such cheque being as good as cash without proof of dishonour you cannot file a case u/s 138 NI

Re: bearer cheque

Yes,but you must have to prove that you are bearer of cheque.

Re: bearer cheque

Yes,but you must have to prove that you are bearer of cheque.

Re: bearer cheque

Yes,but you must have to prove that you are bearer of cheque.

Re: bearer cheque

Dishonor does not always mean return of cheque with bank memo. Any cheque which if unpaid due to insufficient fund to the bearer of the cheque, and provided if other conditions are fulfilled, will attract 138

Re: bearer cheque

If the bearer who presents the cheque get it dishonoured for insufficiency of funds then he can file a complaint under Sec.138 N.I.Act. Normally when a bearer cheque is presented over the counter for payment, if it is dishonoured, the holder would not get the bank's memo containing the reason for dishonour. If on the other hand it is sent for collection through the bearer's bank he will get a memo containing the reason for dishonour. If such reason is on account of insuffiency of funds even garbled under 'refer to drawer' 'exceeds arrangement' etc., the holder can proceed under Sec.138 of the N.I.Act.