Someone encashed previous bank account cheque & got bounced


my account was closed by bank in year 2013. the reason for that is move my account to upper limit.For this the bank open a new account using my same customer id of previous account. Now my problem is someone encashed my previous account blank cheque for rs.1300000 and it got bounced.Now he has sent me a legal notice. pls suggest

Answers (3)


119 votes

To be held liable under Sec 138 of Negotiable Instruments Act it is necessary that the cheque should have been issued for the discharge of a legal debt or liability. The closing of the Bank account of which the cheque pertains to will be inconsequential if the cheque issued was for a legal liability. The person having the cheque will have to show that you were legally liable to pay him the said amount. It will depend upon the particular facts of the case. Whether you issued the Blank cheque to the person, if so, in lieu of what transaction or Did you lose the cheque. I suggest you immediately reply to the Legal notice sent to you.

Regards
Siddhant Tyagi
(Advocate)


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274 votes

The first thing you should know is, that under cheque bounce law, one must reply to the legal notice under 15 days, otherwise the other person attains the right to file a case against you.
Secondly, as you are narrating the facts of your case, it seems that someone, without your permission, encashed your blank cheque. If that is the case, you must fight the case aggressively, and also file a police complaint.
If however, the other person did indeed have a right to deposit the cheque and the cheque bounce was merely a mistake because of confusion regarding two bank accounts, best thing would be to pay him through another cheque or demand draft after taking his signature on receipt.

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323 votes

Reply the legal notice and define facts which you have than wait for his move of filing complaint case under 138 of NI Act.
Reply of Legal notice should draft wisely to take appropriate ground. Any other query you can call me

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