Legal Question in Banking Law in India

Payment after cheque bounce

I have issued a cheque for full settlement for my American express credit card account which was overdue. Unfortunately the cheque bounced from my bank. I immedeiately went to the Bank and paid cash for the amount and receipt obtained. This was in 2003. After all these years now a person claiming to be from the legal department threatens me to pay up Rs 17,000/- or he would execute a non-bailable warant from Delhi. Can you kindly advice


Asked on 9/13/06, 5:32 am

4 Answers from Attorneys

Jitendra Kumar Kumar Pandey & Co.

Re: Payment after cheque bounce

You tell the person that he is blackmailing you which is a criminal offence and if he does not desist from threatening you, you will lodge a case against him before the police.

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Answered on 9/14/06, 1:28 am
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: Payment after cheque bounce

Dear Sir,

Nothing to worry.

it is un ethic practice of the Bank if it demands for the due which is already paid.

however you write a letter explainig the payment already made. append a copy of the receipt of payment and also request for return of cheque if it is still with them.

Reagrds,

Panduranga Acharya

9886742609

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Answered on 9/14/06, 3:28 am
Vishwa Arya Arya & Co.

Re: Payment after cheque bounce

Once you have made the payment there is no question of re payment for any reason. There cannot be any NBW against you. These people have tendency to put undue pressure to extract by these illegal means.

Bhushan Arya

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Answered on 9/13/06, 7:06 am
J. Radhakrishnan independent Practice

Re: Payment after cheque bounce

You have not said anything about the date of the cheque. Nor have you mentioned that after payment of the amount of the cheque in Cash to AMEX, that u demanded the return of the cheque. There is no question of anybody from the Legal Department of a Bank threatening you with a warrant. Ask him, to show the warrant. If it is genuine, you can move the concerned court for cancellation of the warrant, stating that there was no previous summons to you to appear and that u never evaded the summons and have the warrant cancelled. All these things you have to arrange thru your counsel, if you are convinced that there is genuinely a warrant. You can also complain to the RBI against the harassment by the concerned Bank staff.

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Answered on 9/13/06, 1:56 pm


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