Credit card payment made be Cheque issued by third party on my behalf bounced
2 years ago
A third party issued cheques on my credit card bounced due to stop payment by the drawer. I was completely unaware about his fund position, or would not have made the payments. Why should I cheat the bank for my own payments? Now the credit card company says that they are initiating a Legal notice under section 138. The cheque payment was not made from my account, nor was I aware whether he is going to stop payments. Will I be held under the law for this?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.bank will initiate cheque bounce case on that third party.
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A.No worries since the cheque was nit issued by you hence the credit card company will have hell of a time to prove the case in the court of law against you. A good lawyer will have this case in your favour any day
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A.Hi,
You can first review your bank transactions and suspicious transactions by getting in touch with your bank manager. You should also lodge a police complaint u/S 378 and 425 IPC for the offences of identity theft and mischief respectively.
If you found my answer helpful then kindly rate me.
You can first review your bank transactions and suspicious transactions by getting in touch with your bank manager. You should also lodge a police complaint u/S 378 and 425 IPC for the offences of identity theft and mischief respectively.
If you found my answer helpful then kindly rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can contact your bank first to review the bank statements and your credit report for suspicious transactions. If you feel that you are a victim of identity theft then you can lodge a police complaint u/S 378 and 425 for theft and mischief.
If you found my answer helpful then kindly rate me.
You can contact your bank first to review the bank statements and your credit report for suspicious transactions. If you feel that you are a victim of identity theft then you can lodge a police complaint u/S 378 and 425 for theft and mischief.
If you found my answer helpful then kindly rate me.
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Sidhaarth
Responded 2 years ago
A.You are to be prosecuted under vicarious liability. Bank will issue legal notice under negotiable instruments Act before initiating proceeding under 138 NI Act. In response to legal notice you shall have opportunities to pay the demanding amount as demanded in legal notice. Some lawyers make claim of their so called fee in legal notice but you have no liability towards lawyer of bank.
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