Cheque of andhra bank 3 months ago
4 months ago
A person gave me cheque of andhra bank 3 months ago . When i presented it in my bank , it returned as andhra bank merged with union bank of india . What should i do now ? Can i file case u/s 138 ni ?
A.Dear Client,
A cheque may bounce for the following resasons -Insufficient Fund: Signature Mismatch: Cheque Date: Difference In Number And Words: Damaged Or Torn Cheque: Overwriting:. Apart from these, Stale Cheque: i.e, Three months past the date of issuance, a cheque is past its validity and is called a stale cheque which is not encashed. So, merger of Banks is not considered as ground of dishonour of cheque and does not attrack an action under Sec.138 of the N I Act. Drawee/cheque holder is required to return the cheque of Andhra Bank to the Drawer and get the cheque of same value drawn on Union Bank. If the said cheque is dishonoured on presentation on the ground of insufficient fund or on stop payment instruction, then a legal notice required to be served upon the drawer of the cheque asking payment of cheque amount within 15 days failing which a case under Sec.138 of the N I Act, shall be filed in the Court against the Drawer.
A cheque may bounce for the following resasons -Insufficient Fund: Signature Mismatch: Cheque Date: Difference In Number And Words: Damaged Or Torn Cheque: Overwriting:. Apart from these, Stale Cheque: i.e, Three months past the date of issuance, a cheque is past its validity and is called a stale cheque which is not encashed. So, merger of Banks is not considered as ground of dishonour of cheque and does not attrack an action under Sec.138 of the N I Act. Drawee/cheque holder is required to return the cheque of Andhra Bank to the Drawer and get the cheque of same value drawn on Union Bank. If the said cheque is dishonoured on presentation on the ground of insufficient fund or on stop payment instruction, then a legal notice required to be served upon the drawer of the cheque asking payment of cheque amount within 15 days failing which a case under Sec.138 of the N I Act, shall be filed in the Court against the Drawer.
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A.Dear Sir,
You cannot file case under Section 138 of NI Act. The RBI might have issued circulars within which you ought to have exchanged such cheque with that of Union Bank of India. It seems the above cheque was taken by you after such cutoff date without knowing that it is invalid cheque as such you have no rights except going to the Police Station and lodging a complaint for the offence of cheating against him.
You cannot file case under Section 138 of NI Act. The RBI might have issued circulars within which you ought to have exchanged such cheque with that of Union Bank of India. It seems the above cheque was taken by you after such cutoff date without knowing that it is invalid cheque as such you have no rights except going to the Police Station and lodging a complaint for the offence of cheating against him.
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