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Ashok Kumar Sharma (Manager)     19 June 2012

Cheque returning by banks

Sir,

I want to know as to whether it is mandatory for the Banks to mention all the reasons for the cheque returned or any one only. Please specify the ruling.

Thanks & regards,

Ashok



Learning

 3 Replies

N.K.Assumi (Advocate)     19 June 2012

It is not mandatory  for the bank to mention all the needles and pins in the bank's slip or memo except the reasons for which the cheque was return; say account closed or insufficient fund etc. No need for citation just see Amended Section 146  NIA introduced in 2002.

SAINATH DEVALLA (LEGAL CONSULTANT)     19 June 2012

The Negotiable Instruments Act, 1881

1[146. Bank's slip prima facie evidence of certain facts. 

The Court shall, in respect of every proceeding under this Chapter, on production of bank's slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved........

Ajit Singh Cheema (practising Advocate)     19 June 2012

Dishonour of cheque,reason for returning.

Normally only one and the most appropriate reason is given for return of the cheque.Under special circumstances more than one reason may be given.

Under section 146 of N I Act’, bank’s slip prima facie evidence of certain facts.-The court shall, in respect of every proceedings under this chapter, on production of bank’s slip or memo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is dis approved


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