Legal Question in Banking Law in India

Cheque bounce

If my cheque which I have issued got bounce then do I ahve right to get my return cheque from banker or to whomsoever I ahve issued along with return advise? If yes pls tell which law and section guides this right


Asked on 2/28/09, 4:28 am

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque bounce

You can by making payment of chq ask the person whom you have issued chq to return the same.

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Answered on 3/01/09, 10:33 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheque bounce

Your statement is incomplete. You did not mention about your liability to make payment of amount to the payee, represented by the bounced cheque.

The bounced / returned cheque and the bank's advice may be property of the payee and you may seek return of the same from the payee against payment demanded from you in lieu of the bounced cheque.

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Answered on 2/28/09, 8:35 am
Pranav Desai PD Legal & Associates

Re: Cheque bounce

There is no specific provision for the same. Such thing will depend on the mutual relationship between you and your bank. Though, you can receive the cheque bounce along with advice only after paying the amount of the cheque bounced along with necessary charges.

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Answered on 3/01/09, 3:10 pm
J. Radhakrishnan independent Practice

Re: Cheque bounce

You mean a cheque issued to another. He is called the payee. Once the cheque is honoured, it will be kept by the bank for its records. If it bounces, it will be returned only to the payee or his endorsee who sent it for collection and he will have also the return memo. You don't have a right to claim it back unless you offer to pay the amount of the cheque from the holder/payee of the cheque and pays him the amount.

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Answered on 2/28/09, 9:23 pm


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