Legal Question in Banking Law in India

Cheque bounce

Sir, I had deposited a cheque of Rs 4000 with the HDFC bank, and it bounced, due to insufficient funds in the account of the giver. what legal remedy can i resort to. please help me.


Asked on 6/16/07, 9:59 am

3 Answers from Attorneys
kavitha balakrishnan kpp associates

Re: Cheque bounce

issue a legal notice within 15 days and file a 138 cheque bounce case in court.

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Answered on 7/01/07, 1:02 pm
Vivek Mapara Mapara Law Firm

Re: Cheque bounce

You have remedy u/s 138 of Negotiable Instrument to file criminal complaint, under which there is a punishment of 1 year imprisionment and 2 times penalty of the amount of the cheque.

Also file suit for recovery of amount due to you under the cheque.

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Answered on 6/16/07, 1:23 pm
G. M. Gupta gmguptaandassociates

Re: Cheque bounce

in criminal law you need to give notice first and then you can file case under section 138 NIA. it has punishment of 2 years and or double the fine

in civil law u can file case for recovery under order 37.

both cases are very technical so beware of technicalities

For detailed and further advice please contact in person, with documents (if any). Consultation charges will apply.

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Answered on 6/18/07, 8:55 am


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