Cheque "under protest"

farook armaan (Querist) 26 December 2013 This query is : Resolved
Respected Sir,
i just wanna know, what can happens if someone gives a cheque signed "UNDER PROTEST"
please advice.

Follow Query

Report Abuse

Sailesh Kumar Shah (Expert) 26 December 2013
facts are incomplete. put all facts.
also there is no provision to write "UNDER PROTEST" on cheque.

Guest (Expert) 26 December 2013
Give a police complaint explaining the circumstances and situation under which the cheque was forcibly taken.Consult a Lawyer.If any thing apart from signature is written on the cheque bank will not honour it and simultaneusly a stop payment could be given on stating the facts with a copy of FIR from police.

Nadeem Qureshi (Expert) 27 December 2013
state detail facts.

T. Kalaiselvan, Advocate (Expert) 27 December 2013
The follow up action is 1) Issue instructions to bankers to stop payment on the cheque if presented;
2) Lodge a complaint with the local police that you were forced to issue the cheque by the concerned person for the reasons you may state;
3)Deny the liability before the court on the basis of the above two steps taken by you when the cheque bounce case is subsequently initiated by the holder of the cheque.

V R SHROFF (Expert) 27 December 2013
well advised. act now.
As such, remarks "under protest" means , bank will not pay.

malipeddi jaggarao (Expert) 28 December 2013
I am surprised senior experts like Mr.Kalaiselvan jumped into giving reply without knowing full facts. The query is what can happen if somebody gives a cheque signed "under protest".
The query is absent why the is signed and given under protest.
What is the protest?
It appears purely academic query. If not, let the queriest come with full facts.

ajay sethi (Expert) 28 December 2013
academic query

Raj Kumar Makkad (Expert) 28 December 2013
Such cheque shall not be accepted by banker for encashment.

Rajendra K Goyal (Expert) 29 December 2013
Writing word under protest on cheque is non-customary. Not clarified why such words written.
Banker may return the cheque in want of clear mandate.

Though without facts it sounds an academic query.

prabhakar singh (Expert) 29 December 2013
HAVE HEARD PEOPLE ADVISING TO RECEIVE PAYMENTS UNDER PROTEST BUT HAVE NEVER HEARD
OF A CHEQUE ISSUED OR SIGNED UNDER PROTEST.
TO ME SUCH A CHEQUE IS NOT VALID ORDER TO BANKER TO PAY TO THE PAYEE AND WOULD NOT BE PAID BY THE BANK.

BAALASUBRAMANNYAMM (Expert) 31 December 2013
I think, that when a cheque issued "under Protest", even if it was returned, the Drawee cannot file a case under section 138 of N.I.Act.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries