Legal Question in Consumer Law in India

Re: Auto Finance Cheque Bounce

teh cheque can be presented at any time during the validity period . you are required to maintain sufficient balance in your a/c when you have issued a cheque

Re: Auto Finance Cheque Bounce

Your execuse has no validity.Cheque can be presented at any time during its validity period of 6 months from the date of its issuance and if the cheque is dishonoured for any reason then you are liable to consequences.

Re: Auto Finance Cheque Bounce

though a lot of things can be done but it will not be possible here.

however it is adviced to talk to the manager or the person concerned that you were not at fault(please note that i feel that you were at fault as the cheque amount should have been there in the bank in the validity period of the cheque)

request them to waive off the penelty charges, however if the penalty charges are not much (below 500) then pay it off.

Re: Auto Finance Cheque Bounce

The cheques can be presented any time within six months from their due date i.e within 6 months from the date of the cheque.

I pressume you have honured the dishonured cheque.

Just pay the penelty if it not too huge amount, get your vehicle cleared at once.

Re: Auto Finance Cheque Bounce

Your reasoning is wrong. When you issue a cheque, you know it is valid for 6 months and you are obliged to make sure that funds should be available in the account till the cheque is presented or till 6 months, whichever is later. You cannot ignore your fault and you cannot blame the other person for presenting a cheque late. The receiver of the cheque is very much within his rights to present the cheque any time during its validity.

M C Gupta

MD, LL.M.

Medico-legal Consultant and Advocate

mcgupta44@gmail.

Re: Auto Finance Cheque Bounce

You are suppose to maitain sufficient balance in your account so that the cheque issued by you is cleared. There is no obligation on the part of receiver of cheque to present the bank at once. He is at liberty to encash the cheque anytime within the period of validity of cheque (6months). When u issued cheque you must be sure that there is sufficient amount in the account to get cheque honored. It is completely your fault to not maintain the balance in your account to get the cheque honored, within the valdity period of 6 months. So as per the terms of lease contract, your liable for penalty. If the penelty is too excessive then you can certainly fight against such stipulation as being unjust. but you should at once clear the amount.