Legal Question in Banking Law in India

collection of cheque

a cheque fg sales tax commissioner,A(B) comes to the bank.A is the name of acity where as B is the name of state. there is no commisssioner for the city A .the commisssioner is for the whole state B cheque is crossed not negotiable account payee questions1)can the commissioner accept the cheque?(2)can the bank collect it ?is it correct to return it and get it rectified?


Asked on 10/03/08, 2:16 am

5 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: collection of cheque

Please reword your question.

Its not clear what you want to ask.

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Answered on 10/03/08, 6:51 am
J. Radhakrishnan independent Practice

Re: collection of cheque

If there is no commissioner for the city and only for the State, the Bank can collect it for the commissioner of the State. The Commissioner who is only for the State and not limited to the city "A" can refuse the cheque and direct it to be drawn in favour of Commissioner,"B". The Bank instead of collecting it for the Commissioner of the State is in order in returning the cheque to be correctly drawn.

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Answered on 10/03/08, 8:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: collection of cheque

Yes, they can proceed further; you cannot avoid your liability. better you send them a bank draft in lieu of the cheque amount.

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Answered on 10/03/08, 8:39 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: collection of cheque

Question is not clear.

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Answered on 10/03/08, 9:49 am
Nasir Butt Nasir Law Associates

Re: collection of cheque

Reply can be given if you rewrite question in tabulation form in chronological order.

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Answered on 11/05/08, 10:16 am


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