Legal Question in Banking Law in India

Undated Cheque

I paid my credit bill in the banks drop box much in advance since I was going out of station, A month later they say they have not received payment for the bill and want interest to be paid when I sent details of the cheque to them they admitted having received the cheque now claiming that there is no date on the cheque they have not once either phoned,written or even sent the cheque back. Do they have a legal standing in the matter.


Asked on 3/16/08, 6:19 pm

4 Answers from Attorneys

Re: Undated Cheque

If the position is such,then bank has right to ask for interest for late payment.

Read more
Answered on 3/16/08, 9:58 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Undated Cheque

Yes in this case the bank has got complete right to charge you interest.

Read more
Answered on 3/17/08, 1:42 am
Vivek Mapara Vivek N. Mapara

Re: Undated Cheque

Both of you parties aer at fault . You ought to have given duely executed cheque, and the bank ought to have returned teh cheque it was not complete, so as to enable you to fulfill the formalities.

So bank can have claim against you, but at the same time you have all defences available to resist their claim.

Now before any other dispute arouse, your advise to atlest pay the actual amount, so only dispute can be left to payment of interest.

Read more
Answered on 3/17/08, 8:44 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Undated Cheque

Yes the bank have a legal standing in the matter. You should have filled all the particulars before depositing the cheque

Read more
Answered on 3/17/08, 10:59 am


Related Questions & Answers

More Banking Law questions and answers in India