LawRato

Procedure in case received a cheque from a closed bank account.


10-Oct-2023 (In Cheque Bounce Law)
Hello Sir. I received a cheque dated 13/07/2017 from one of my customer. When i went to encash it it was a cheque associated with a bank account which is already closed in April 2017. The cheque will expire on 13th of October.(3 more days). I didn't file a police complaint yet. Can i file a case now. And what if i file the complaint after the expiry of the cheque.
Answers (3)

Answer #1
848 votes
Sir,as far as my knowledge goes still 138 Ni act attracts but yet few things has to be clarified the transaction prior to the date of closing account if proved then you have a definite case under 138
If the cheque is expired still u can file a civil suit for recovery of amount
Answer #2
634 votes
you can present the cheque in your bank.If it is already presented the bank would have issued an endorsement stating that your cheque is dishonoured due to the account closed.With that document and returned cheque you have to send a legal notice to the person who issued the cheque demanding the cheque amount.If he doesnot pay after 15 days you can file a cheque case [criminal case]for dishonour of cheque and cheating before the Jurisdictional Magistrate court.
Answer #3
870 votes
Normally cheque validity is for six months from the cheque date. So present the cheque and collect the endorsement from the bank and issue legal notice, thereafter proceed to file cheque bounce case against that person before the Additional Metropolitan Magistrarte.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."