Legal Question in Banking Law in India

can i file a complaint against someone if they have issued me a cheque that has bounced for the reason 'drawers signature to operate account not received.'

Asked on 12/27/12, 9:26 am

5 Answers from Attorneys

J. Radhakrishnan independent Practice

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First issue notice within 30 days of the receipt of bouncing of cheque, demanding payment. If it is not responded helpfully, then you can go in for complaint after the expiry of 15 days of the date of receipt of notice by the drawer, within one month from such date.

Answered on 12/27/12, 8:39 pm

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Fca Prashant Chavan Expert Edge LLP

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28.12.2012

Dear Sir / Madam,

It is a clear case of the bank having faltered and the bank has to be taken to task first. The bank cannot return the cheque unpaid with the reason 'drawer's signature to operate account not received' since it is a basic prerequisite to obtain the A/c holders signature whilst opening the account. The bank seems to be in collusion with the drawer of the cheque. Also lodge a case under Section 138 of the Negotiable Instruments Act against the drawer for swift action.

Regards,

FCA Prashant Chavan

Mumbai

Answered on 12/28/12, 12:42 am

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Sanjay Kalra Sanjay Kalra & Associates

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You have two remedies 1) Civil under/order 37 CPC and 2) under the Negotiable Instrument Act .....Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Answered on 12/28/12, 1:55 am

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uttam Tibrewal

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yes you can

Answered on 12/28/12, 2:27 am

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