Legal Question in Banking Law in India

incorrect cheque bounce by bank

my cheque was bounced by bank stating insufficient funds when there are sufficient funds in my account. what legal action can i take on the bank.

First time when it had happened, i gave a written complaint to bank. now it had repeated again after few months. what legal action can i take on the bank


Asked on 12/13/08, 7:36 am

6 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: incorrect cheque bounce by bank

File a complaint in consumer forum with the help of lawyer.

Read more
Answered on 12/15/08, 3:49 am
Nasir Butt Nasir Law Associates

Re: incorrect cheque bounce by bank

See reply of Vishwa Arya, Esq.

Read more
Answered on 12/14/08, 2:29 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: incorrect cheque bounce by bank

you are entitled to take civil as well as criminal action. This may also amount to your 'defamation' by the bank. You may also consider approaching the consumer court for damages.

Read more
Answered on 1/13/09, 8:57 am
J. Radhakrishnan independent Practice

Re: incorrect cheque bounce by bank

if you are the drawer of cheque and the cheque is returned with a remark of insufficient funds when in fact on the date of presentation, the drawee bank has sufficient funds, you can take action against the Bank for damages under Sec.31 of the N.I.Act, before consumer forum. On the other hand you were the payee of the cheque issued by somebody else, you have to proceed against the drawer under Sec.138 of N.I.Act.

Read more
Answered on 12/14/08, 7:57 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: incorrect cheque bounce by bank

You can file a complaint with consumer forum or bank ombudsman or with RBI or all three.

Read more
Answered on 12/14/08, 9:14 am
Vishwa Arya Arya & Co.

Re: incorrect cheque bounce by bank

File a complaint under consumer protection act or a suit for recovery of damages against the bank or write to ombudsman for their negligence.

Read more
Answered on 12/13/08, 12:26 pm


Related Questions & Answers

More Banking Law questions and answers in India