Legal Question in Banking Law in Pakistan

Dishonor of cheque

As per law in pakistan if chque given by Drawer to payee is dihonored on presenting of the cheque on bank's counter, the agrieved payee can initiate criminal offence suite by lodging FIR with local police station.

I have some misunderstanding that if drawer is illetrate and he had affixed thumb impression on SS card with Drawee bank where he has deposit account, then if he (illetrate) has given a cheque to third party for payment, can payee of the cheque still have the option to lodge FIR against illetrate drwaer of the cheque. our banks gave verbal comments to the agrieved party that illetrate can not give his account cheque to any body against payments of obligation. so banks reluctent to enclose return memo with cheque if dishonored.

pl guide me keeping in view pakistans law territory.


Asked on 3/25/08, 5:05 am

1 Answer from Attorneys
Sheikh Mohammed Akram Nazir Akram Nazir Law Chamber

Re: Dishonor of cheque

it is not the procedure which attracts the criminal liability, if no such dishonesty is extended on the part of the drawer than no need to initite the criminal proceedings, only go for the right recourse as adivsed by the bank in the present scenario.

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Answered on 3/26/08, 5:45 am


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