Legal Question in Consumer Law in India
Bounced cheque
what are the legal action taken against bounced cheque?Is there any legal action for a personal loan default from a private bank?
5 Answers from Attorneys
Re: Bounced cheque
it depends for whom you want to contest - the banker or the person issuing the cheque, so be specific. Remedies are available for both
Re: Bounced cheque
see section 138 of negotiable instruments act
any cheque bounce will attract this provision
Re: Bounced cheque
Complaint u/s.138 Negotiable Instrument Act and recovery of cheque ammount through summary proceeding.You may complaint to RBI and also to consumer court.
Re: Bounced cheque
you can file complaint under section 138 of Negotiable instrumetnst act after issuance of necessary notice .
your can file recovery suit
Re: Bounced cheque
Dear Friend, Your question is not very clear. However, I will attempt to answer the same with the available data. The legal remedies available for a bounced cheque fall in three (3) categories. There can be criminal complaint under Section 138 Negotiable Instruments Act, 1881. There can also be a criminal complaint under Section 420 I.P.C. (cheating). There can also be a civil suit under Order 37 CPC.
The private bank is covered under the DRT Act. If the loan is below Rs.10 Lakhs, they will approach the competent civil court. If the loan is above Rs. 10 Lakhs, they will approach the DRT.
I hope I have answered your question. More mroe details, contact me, and I may be able to guide you through the maze of legalities.
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