Legal Question in Banking Law in India

Cheque bounce

My salary cheque returned back from my bank (SBBJ) stating a reason (from Alhbd bank)--name removed--A. Tomorrow. When asked our accnt dept. they stated it is not possible you ask to the (Alhbd) bank. After visiting Alhbd bank they stated at that time there were not enough funds so you can use same cheque again as now funds are available.

But now my bank is charging me a fine.

Now who is responsible for this fine, n what action I should take ?

For firing complaint do I have to keep my cheque with me ? Or I should reuse it ?


Asked on 5/22/07, 5:19 am

4 Answers from Attorneys

Sachin Sangare Private Practise

Re: Cheque bounce

It seems you have been a victem of goof up by the neglegence of the Allhalabad Bank as per the information given by you.

You have to get a photocopy of the cheque,the return memo and the Account Statement reflecting the same.

Then write a letter to Allahabad Bank and your Bank as CC about the said goof up. Ask for damages and loss caused to you and the charges which your Bank will charge.

Wait for some time and if no resullt comes than File a consumer Complaint.

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Answered on 5/22/07, 5:58 am
G. M. Gupta gmguptaandassociates

Re: Cheque bounce

complain to the bank due to which it has bounced, they will either pay you or revert back the charges or whatever way compensate you.

otherwise you can complain to RBI and even if RBI dont listen then u can make file a case against the bank with ombudsman or with court

you deserve to get back the amount so fight for it.

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Answered on 5/22/07, 9:22 am

Re: Cheque bounce

your company is at fault.check account deptt. of company and if there were sufficient ammount then it is bank who is at fault.

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Answered on 5/22/07, 12:29 pm
J. Radhakrishnan independent Practice

Re: Cheque bounce

SBBJ is your bank through which you sought to collect your salary cheque drawn on Allahabad Bank. Allahabad Bank ought to have returned the cheque when it was presented by your Bank, if they did not have funds to honour the same. Their return with the endorsement of 'present to morrow' is incorrect. Your Bank ought to have presented the cheque next day without returning the same. Normally collecting banks charge some amounts for collection. This cannot be called fine. You have two options, one to present the cheque through SBBJ again and see that it is honoured. If it is not honoured again and returned to you, you can file a complaint under Sec.138 against the drawer of the cheque who is your employer. Alternatively, by the return of the cheque obviously on the ground that at that time it had no sufficient funds of the drawer to honour the same when it was presented for the first time,you can without representing the cheque take action under Sec.138 of the N.I.Act, if one month has not passed off since the return of the cheque. Since your Banker charges for return of the cheque which every other Bank does, you can think of changing your Bank who will assure you to be reasonable.

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Answered on 5/22/07, 2:01 pm


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