Legal Question in Banking Law in India

cheque bouunce

sir,my dishonoured cheque memo states reasons:- 1.insufficient funds 2.drawer signature is mismatch. my question is whether the cheque legally bindable as the drawer signature mismatch.shall i give police complaint against him of cheating and forgery.please help me and advice


Asked on 6/23/09, 2:44 am

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cheque bouunce

You may serve upon him the statutory demand notice asking for payment within the stipulated time; if payment is not received, you may file a criminal complaint in the court u/s 138 of Negotiable Instruments Act r.w. Section 420 of IPC.

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Answered on 6/23/09, 3:50 am
Pranav Desai PD Legal & Associates

Re: cheque bouunce

File a cheque bounce case, the remedy is fast

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Answered on 6/23/09, 5:39 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: cheque bouunce

1.Insufficient of funds leads to proceedings under sec.138 of N.I.Act

2.Mismatch of signature may not be intentional,because in the cases I deal of such nature 99% may be due to imperfectness in making the signatures by the debtors,so find out which is the case.

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Answered on 6/23/09, 11:35 am
J. Radhakrishnan independent Practice

Re: cheque bouunce

If 30 days have not passed off from the time u received the return memo from your collecting bank, give 15 days notice for payment to the drawer. Depending upon the borrower's response or no response, which does not solve your problem, file a complaint within one month from the expiry of 15 days from the date of receipt of notice by the drawer, including therein allegations of cheating. You can request the Magistrate to order police investigation on the fraud part of the cheque. If time for giving notice has elapsed, you can try giving complaint to police for cheating. Better take the assistance of local lawyer.

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Answered on 6/23/09, 2:36 pm
J. Radhakrishnan independent Practice

Re: cheque bouunce

If 30 days have not passed off from the time u received the return memo from your collecting bank, give 15 days notice for payment to the drawer. Depending upon the borrower's response or no response, which does not solve your problem, file a complaint within one month from the expiry of 15 days from the date of receipt of notice by the drawer, including therein allegations of cheating. You can request the Magistrate to order police investigation on the fraud part of the cheque. If time for giving notice has elapsed, you can try giving complaint to police for cheating. Better take the assistance of local lawyer.

Read more
Answered on 6/23/09, 2:37 pm
J. Radhakrishnan independent Practice

Re: cheque bouunce

If 30 days have not passed off from the time u received the return memo from your collecting bank, give 15 days notice for payment to the drawer. Depending upon the borrower's response or no response, which does not solve your problem, file a complaint within one month from the expiry of 15 days from the date of receipt of notice by the drawer, including therein allegations of cheating. You can request the Magistrate to order police investigation on the fraud part of the cheque. If time for giving notice has elapsed, you can try giving complaint to police for cheating. Better take the assistance of local lawyer.

Read more
Answered on 6/23/09, 2:37 pm


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