Post dated cheque cleared by bank
Azimurrrehman Ansari
(Querist) 21 March 2015
This query is : Resolved
I am staying in Mumbai. I had sent four cheques to the opposite party of ICICI Bank on 16th March, 2015 through courier. Out of these four cheques two were of 25th March, 2015 and one was of 25th April, 2015 and the last one was of 25th May, 2015.
The other party deposited all the cheques on 20th March, 2015 in Bank of India, Ahmedabad and out of these four cheques three were dihonoured and one was cleared which was having big amount.
I have all the xerox copies of all the cheques and the SMS received from the bank.
Can the bank clear the post dated cheque.
If no than what action can I take against banks and the other party.
Thanks
Ansari
mobile no. 9967594946
Anirudh
(Expert) 21 March 2015
How can a cheque which is dated 25th march 2015 could have been presented to the bank before that date?
Please come up with correct date of cheques.
Please confirm whether you had written the dates on the cheques or left it blank.
Azimurrrehman Ansari
(Querist) 21 March 2015
Yes, I have xerox of the cheques. and the dates for two cheques are 25th March, 2015 and another for 25th April, 2015 and last one of 25th May, 2015.
Devajyoti Barman
(Expert) 21 March 2015
The drawee can not place the cheque for honour before the date mentioned therein.
So you can stop the payment of the same , if you are so willing.
The cheques will be dishonoured for sure.
Kumar Doab
(Expert) 21 March 2015
If any cheque has been cleared before due date of payment written on cheque (legible and clear) then both bank may be deficient::: one that sent it and one that cleared it.
Both bank may have to pay compensation to the aggrieved/complainant..........and a mere apology may not be sufficient.
If you have evidence proceed further with confidence.
ajay sethi
(Expert) 21 March 2015
bank has been grossly negligent in clearing post dated cheques . lodge written complaint with the bank for deficiency in service .
Rajendra K Goyal
(Expert) 21 March 2015
Lodge complaint to the Bank for deficiency of service.
If not satisfied with the reply of the Bank lodge complaint with the consumer forum.
Kumar Doab
(Expert) 21 March 2015
If you have evidence then you can succeed not against one but both banks.
Isaac Gabriel
(Expert) 22 March 2015
Complain to the Banking ombudsman
SAINATH DEVALLA
(Expert) 22 March 2015
Immediately send a notice to the bank, enclosing a copy to its head office.If you do not get a proper reply, complain to Banking Ambudsman with copies of the post dated cheques.
