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.
0 users found helpful
0 attorneys agreed

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.

Read more
Answered on 10/26/13, 8:53 pm
Fca Prashant Chavan Expert Edge LLP
0 users found helpful
0 attorneys agreed


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.


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

Related Questions & Answers

More Banking Law questions and answers in India

Looking for something else?

Get Free Legal Advice

89033 active attorneys ready to answer your legal questions today.

Banking Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Glen AshmanAshman Law OfficeAtlanta, GA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now