Legal Question in Banking Law in India

Cheque Bounce

Sir Today in went to withdraw cash of Rs. 5000 from HDFC, Nagpur, but i came to know that there was now balance in the givers account. Automatically it bounces. What should i do.


Asked on 1/24/09, 3:56 am

5 Answers from Attorneys

Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: Cheque Bounce

You are request to file a case u/s138 N.I Act

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Answered on 1/24/09, 8:56 am

Re: Cheque Bounce

You may first issue a notice through a lawyer demanding the amount due as per the cheque and if the same is not paid within the statutory period prescribed by the negotiable instrucmnets act, you could file a criminal complaint under Section 138 against the drawer of the cheque, in consultation with your lawyer.

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Answered on 1/24/09, 5:25 am
J. Radhakrishnan independent Practice

Re: Cheque Bounce

your question is not properly worded. I presume you went to the HDFC Bank the drawee bank on which the cheque was drawn by your friend. It is not clear whether you presented the cheque. If you have presented the same and it has been returned with a note of insufficiency of funds, then follow the procedure of giving notice of dishonour to the drawer of the cheque within 30 days of the return of the cheque, demanding payment within 15 days of the date of receipt of notice. If the drawer fails to pay within the aforesaid time, file a complaint before the metropolitan magistrate court, if the bank which returned the cheque is within a city or if it is not a city, then file a complain before the chief judicial Magistrate, within a month after the expiry of the 15 days of the date of receipt of the notice by the drawer.

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Answered on 1/24/09, 6:16 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque Bounce

go to a local lawyer immediately and give notice u/s 138 N.I.Act.

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Answered on 1/25/09, 10:54 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheque Bounce

Send a letter to the drawer of cheque, inform him about the bouncing of cheque, and request him to send you the money by a fresh cheque, demand draft or cash.

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Answered on 1/24/09, 7:13 am


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