Legal Question in Banking Law in India

If a cheque is dishonoured and a fresh cheque is issued against the same cheque of the same amount and get cleared / credited then can the person who issued bounced cheque is entitled to obtain the bounced chequed back along with reversal of the penalties which was imposed by the concerned company to whom it was issued.


Asked on 6/02/10, 1:32 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, he is entitled for the return of cheque and in case company refuse to do so, a civil suit for the same can be filed seeking mandatory injunction.

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Answered on 6/02/10, 1:38 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The reversal of penalty may not be available.

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Answered on 6/04/10, 9:18 pm


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