Legal Question in Banking Law in India

I have given a cheque(XYZ) of Rs 2.5Lk to one of the person.It is rejected due to my signature mismatch and soon I have done stop cheque(XYZ) request and I have transferred 2.5Lk funds to the person through net banking. I have not took back the cheque(XYZ)from the person and he is not ready to return my cheque(XYZ) back to me.Will I face any problem due to this ?. Can that person file a case against me with the bad cheque(XYZ)?

Asked on 10/26/13, 8:42 pm

2 Answers from Attorneys

Vishwa Arya Arya & Co.

The holder of cheque may not succeed. You have to take a precaution. He is under obligation to send a legal notice to you before filing a case. When you receive such a notice, you must respond in writing saying that an amount of 2.5 Lacs has been transferred through net banking in lieu of the dishonoured cheque no._ _ dated __ (give full particulars). You must send your response through registered post with AD and/or through courier and keep the Proof of delivery with you.

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Answered on 10/26/13, 8:53 pm
Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

When you have separately transferred the amount vide net banking, there is no reason why the opposite party should retain your cheque. YES, there is a possibility that he might lodge a case of "Cheque Bouncing" against you for that cheque. You should ask the person to return back the cheque to you immediately.


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Answered on 10/27/13, 2:58 am

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