Legal Question in Banking Law in India

Cheque bouncing

I had an account in citi bank,

my account closed 1 year 6 month back, i had given a post dated cheque to my company (15-sep-2007), if my employer uses the cheque , will the cheque bounce back, what action will be taken if a cheque bounces?


Asked on 8/19/07, 1:50 am

5 Answers from Attorneys
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Cheque bouncing

if you have not informed before the employer send the cheque for clearing that your account is closed and cheque can't be encashed . You may be prosecuted under section 138 for bouncing of cheque

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Answered on 9/14/08, 12:50 pm
G. M. Gupta gmguptaandassociates

Re: Cheque bouncing

you can be prosecuted under criminal procedure.

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Answered on 8/20/07, 8:46 am

Re: Cheque bouncing

company shall definitly lodge complaint u/s.138 N.I.Act.

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Answered on 8/19/07, 12:33 pm
kavitha balakrishnan kpp associates

Re: Cheque bouncing

definitely a cheque bounce case .. u/s 138

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Answered on 8/21/07, 1:45 am
J. Radhakrishnan independent Practice

Re: Cheque bouncing

It is not clear whether you are under liability to your employer. Now that the account has been closed long back, inform your employer that the post dated cheque given on certain conditions, should not be presented, as the conditions on which it was delivered are not fulfilled and that the account is also closed. If inspite of this notice, your employer presents the cheque, it will be a weak case for him to prosecute you, though he will have his civil remedy to recover the amount, if any, legally due from you.

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Answered on 8/20/07, 12:41 am


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