Legal Question in Consumer Law in India

Bounced cheque

what are the legal action taken against bounced cheque?Is there any legal action for a personal loan default from a private bank?


Asked on 3/10/07, 9:18 am

5 Answers from Attorneys

D. M. Bhalla D.M LAW CHAMBER

Re: Bounced cheque

it depends for whom you want to contest - the banker or the person issuing the cheque, so be specific. Remedies are available for both

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Answered on 3/11/07, 1:10 pm
G. M. Gupta gmguptaandassociates

Re: Bounced cheque

see section 138 of negotiable instruments act

any cheque bounce will attract this provision

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Answered on 5/01/07, 2:27 pm

Re: Bounced cheque

Complaint u/s.138 Negotiable Instrument Act and recovery of cheque ammount through summary proceeding.You may complaint to RBI and also to consumer court.

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Answered on 3/10/07, 12:24 pm
Nandita Haldipur Haldipur Associates

Re: Bounced cheque

you can file complaint under section 138 of Negotiable instrumetnst act after issuance of necessary notice .

your can file recovery suit

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Answered on 3/14/07, 2:39 am
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Bounced cheque

Dear Friend, Your question is not very clear. However, I will attempt to answer the same with the available data. The legal remedies available for a bounced cheque fall in three (3) categories. There can be criminal complaint under Section 138 Negotiable Instruments Act, 1881. There can also be a criminal complaint under Section 420 I.P.C. (cheating). There can also be a civil suit under Order 37 CPC.

The private bank is covered under the DRT Act. If the loan is below Rs.10 Lakhs, they will approach the competent civil court. If the loan is above Rs. 10 Lakhs, they will approach the DRT.

I hope I have answered your question. More mroe details, contact me, and I may be able to guide you through the maze of legalities.

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Answered on 3/11/07, 12:25 am


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