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Expiry date of a cheque different for the cheque holder and the bank
04-Dec-2023 (In Cheque Bounce Law)
I presented cheque dated 30/8/2017 to the bank on 29/11/2017 morning, i.e., a day before the date of expiry of the cheque, but the drawee bank refused payment stating it is a stale cheque because they were intimated on 1/12/2017. Now I am in trouble as the cheque has expired and the party owes money to me. What is my position legally speaking, can the banks be held responsible for the delay because technically speaking I have presented the cheque within its expiry date.
As you can not represent the cheque, you have the option of filing a civil case. It will be a recovery suit. Advantage of filing recovery suit is, you will get interest on the cheque amount from the date of filing of the suit.
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Adv. Richard S.
Bangalore | 25+ Answers
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Unfortunate that such a thing happened to you.
But, if the facts are correct and if your cheque was within validity, Bank is required to honor it without any issues. You can definitely sue the bank for the said damages caused to you if you can no longer hold or find the party who owes you money. It falls within the scope of consumer protection where Bank has failed to be diligent to its services leading to loss to you.
But, if the facts are correct and if your cheque was within validity, Bank is required to honor it without any issues. You can definitely sue the bank for the said damages caused to you if you can no longer hold or find the party who owes you money. It falls within the scope of consumer protection where Bank has failed to be diligent to its services leading to loss to you.
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Adv. Pradeep Kumar Bharadwaj
Bangalore | 100+ Answers
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