Legal Question in Banking Law in India

bounced cheque

I had deposited a cheque which was returned because of a stop payment issued by the drawer.... not due to paucity of funds, but because the amount was incorrect. can i still file a complaint under Sec 138? also, do i have to return the bounceed cheque to the drawer?


Asked on 9/06/07, 5:25 am

1 Answer from Attorneys
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: bounced cheque

i suppose that in your case amount is different in word and figure on the cheque and therefore if the said cheque is defective the benefit would go to accused . One more thing if there is defect in the cheque you may not be able to prosecute perfectly the matter under Section 138 . In my opinion unless a perfect instrument i.e. an enforceable instrument you may face problem

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Answered on 9/08/07, 11:15 am


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