Bounced cheque

A cheque return is a 'cheque return' whatever may be the reason. Your local court will have jurisdiction. Please approach an advocate immediately for proper guidance and filing of a case.

B S Rao

It seems the Bank is in collusion with the drawer as they should clearly give the reason.Give a complaint to the Bank management in writing and when you proceed to a case make them a party as well.

1)Email/ contact issuing person for setii g daily right. 2) Represent cheque again 3) if returned 4) serve legal notice 5), file complaints u/s 138 of NI Act 6),also make criminal complaint

Jeevanji,

Can i present cheque again for encashment after cheque bounced? 

Hardeepji,

I also felt the same and we went to our bank to enquire about reason that why insufficient fund reason is not marked which he responded that even when you file case, refer to drawer will also be treated as default in payment.

While this may well be true ( most probably it is ) ,  suggest make a complaint to the Bank Manager stating just what they have told you and get their acknowledgement on the same. May come in handy later.

Thx Hardeepji.

I am looking for an advocate in Main Mumbai to handle this case.

Sorry don't know anyone in Mumbai.

 

whosoever you hire, get clear agreement regarding his payment. Besides make sure you get a copy of each paper he - or the opposite party files in Court as soon as they are filed as well as the Court orders. Attend as many hearings personally as possible.

I got some valuable information from this post and gathered some more from google and gist is as given below:

Jurisdiction: Payee bank  (Dashrath Roopsingh Rathod Vs. Stae of Maharashtra & Anr.)

Time limit to communicate to drawer: 30 days

Time limit to drawee to clear dues: 15 days

"Refer to Drawer" also tantamount bounce cheque as per "Lily Hire purchase vs Darshan Lal" case.

The bounced cheque can be presented any number of times by payee (AIR 1998 SC 3043)

Criminal offence with maximum imprisonment of 2 years and compensation of double the amount.

In India from even British times, in banking practice "refer to drawer" means insufficiency of funds in the account. There is no wrong doing on the part of the bank. In fact the intimation to you from the bank would list several statements and the bank would have tick marked "Refer to Drawyer". That is sufficient to attract NI:138. Further NI:138 mandates that before going to court you should send either a lawyer's or your own notice to the drawer of the cheque. If he is sincere he will at least reply and his reply would clear the exact position. A few days back I saw in the papers that NIA is being amended in favour of the payee and the court jurisdiction is being made where the payee stays or has his office. I would like to warn you that criminals are becoming more and more resourceful and are making even straightforward NI:138 cases drag on for years and years. Never leave the case blindly to your lawyer. You are in the knowledge of facts and the lawyer's knowledge of your case is only second hand. Also carefully watch each and every pronouncement of the judge. If you find that he is dragging your case do not hesitate to approach the higher court. I wish you good luck.