Legal Question in Banking Law in India

Well, thius was my question posted earlier "I gave a post dated cheque & it was presented for collection before due date by the collecting bank. My bank duly returned the cheque. but i was charged for cheque return by my bank. Is my bank justified in doing so? What is the remedy i have?".

To eloborate, i gave a post dated cheque dated 5/7/2011 from ICICI bank & it was dropped in the Cheue collection box of HSBC by the recipient on 30th of June. It seems the cheque was sent for collection on 2/7/2011 which was returned by ICICI. I had sufficient amount in my a/c & was levied return charges by ICICI. Is it not the responsibility of HSBC to present the cheque on due date. Does it suffice if you just mention that post dated cheques should not be dropped in Collection boxes? Thanks in Advance


Asked on 7/05/11, 8:37 pm

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

A post dated cheque cannot be deposited prior to the chq dt. The above chq should have been deposited on 05/07/2011.

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Answered on 7/06/11, 12:25 am
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

post dated chaque cannot be deposited prior to that date

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Answered on 7/06/11, 7:58 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

i too agreed

complaint to the higher authorities of bank

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Answered on 7/07/11, 11:37 pm


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