Legal Question in Banking Law in India

incorrect cheque bounce by bank
my cheque was bounced by bank stating insufficient funds when there are sufficient funds in my account. what legal action can i take on the bank.
First time when it had happened, i gave a written complaint to bank. now it had repeated again after few months. what legal action can i take on the bank

Asked on 12/13/08, 7:36 am

6 Answers from Attorneys

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

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Re: incorrect cheque bounce by bank

File a complaint in consumer forum with the help of lawyer.

Answered on 12/15/08, 3:49 am

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Nasir Butt Nasir Law Associates

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Re: incorrect cheque bounce by bank

See reply of Vishwa Arya, Esq.

Answered on 12/14/08, 2:29 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: incorrect cheque bounce by bank

you are entitled to take civil as well as criminal action. This may also amount to your 'defamation' by the bank. You may also consider approaching the consumer court for damages.

Answered on 1/13/09, 8:57 am

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J. Radhakrishnan independent Practice

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Re: incorrect cheque bounce by bank

if you are the drawer of cheque and the cheque is returned with a remark of insufficient funds when in fact on the date of presentation, the drawee bank has sufficient funds, you can take action against the Bank for damages under Sec.31 of the N.I.Act, before consumer forum. On the other hand you were the payee of the cheque issued by somebody else, you have to proceed against the drawer under Sec.138 of N.I.Act.

Answered on 12/14/08, 7:57 am

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