Legal Question in Banking Law in India

Cheque bouncing

Dear Sir,

I have given some amount to my friend and in turn he had given me a cheque. When I presented the cheque for collection I was intimated by my banker that the cheque was bounced due to ''Stop Payment'', but due to bnakers negligence the said cheque was misplaced by the banker and hence i could not get the original and i could not proceed legally against him. Now my banker could find the said cheque and asked me to collect the same. But the cheque had become stale (More than 6 months old). Now can i issue a notice to friend U/s 138 of NI Act (within 15 days from the date of receipt of bank memo). or Do I have any other remedy agasist the Banker and/ or my friend.

Could please give me your advice(s) on this at the earliest

Thanks & Regards

Chawla


Asked on 3/08/06, 12:14 am

3 Answers from Attorneys
Ankur Mittal MITAL & MITAL Advocates

Re: Cheque bouncing

Dear Mr. Chawla,

Your remedies are two fold:

1. You can file a recovery suit against the drawer based on found cheque now;

2. You can simultaneously file a consumer complaint against bank for negligence;

Ankur Mittal

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Answered on 3/08/06, 2:09 am
Sarat Chandra Chandra&Co.

Re: Cheque bouncing

Mr. Chawla

Already you are late in your legal action. Now you need to file urgently a civil and criminal case separately against the party and the banker to recover your money with damages suffered and costs.

You can contact me if you need for an urgent action.

Sarat Chandra

Advocate

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Answered on 3/08/06, 11:34 am
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: Cheque bouncing

Dear Chawla,

Your legal remedies are:

1. You can file a suit for recovery of the Cheque amount against the Cheque drawer. you should specifically claim the amount in your plaint along with interest till the date of realistion.

2. You can also file a consumer complaint against bank for its negligent act.

Please consult your local advocate and proceed with the legal action.

Panduranga Acharya

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Answered on 3/10/06, 1:31 am


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