Raja Mukherjee (Self Employed) 01 February 2015

Does cheque bounce case exist after the full amount is paid?

Dear Sir/Madam,

I had given a cheque to ICICI Bank for the clearance of the dues in my credit card. But unfortunately, the cheque bounced.

A representative from ICICI Bank called my mother (not me) and used various SLANG and STREET LANGUAGES on my mother regarding the cheque bounce incident (which she fortunately recorded through her phone).

Now that all my dues are cleared, can they use Section 138 of Negotiable Instrument Act against me? I am asking this because I would myself use Section 499 of Indian Penal Code against ICICI Bank for the usage of slang language on my mother.

Looking forward for your kind reply as early as possible.

Thanking you in advance.

Yours faithfully,
Raja Mukherjee

Reply Follow

12 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 01 February 2015

Dear, How long back this incident happened because for 138 there is a time frame to be followed ? Kapil Chandna Adv 9899011450

abhishek (Senior Associate) 02 February 2015

onus(Burden) is on u to prove that the amount against the "issued" cheque is already made and tht the cheque bounce case against u is Null and Void.

Regards

Abhishek Narania

# 9949 000038(Hyd)

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 02 February 2015

Under NI-138 if a cheque bounces the creditor should send written notice to the drawer of the cheque asking him to pay up the amount within 15 days. Only if the amount is not paid up the creditor can go to court. The bank has only telephoned your mother and not sent you any notice. Hence no action will be taken under Section 138. If at all you receive notice you can write to them that the amount has been already paid.

Raja Mukherjee (Self Employed) 02 February 2015

Thank you all for taking your time in explaining to me the entire thing.

aarjun vhajage (Lawyer) 02 February 2015

IF YOU ALREADY PAID THE AMOUNT AND CLEAR YOUR DUES. DONT BOTHER.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com) 03 February 2015

Bank and NBFC are rouges so just do not sleep because they hand over matter to collection agencies and they add up charges.

Go to the bank and check the account and get a no dues certificate, that will only help you.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 February 2015

case under section 138 of N.I. Act can not be filed after payment of due against the cheque amount.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 03 February 2015

Banks may send rogues to collect dues from you. But NI-138 is different. Banks cannot illegally act against you under NI-138.

Raja Mukherjee (Self Employed) 04 February 2015

Sir/Madam,

Can I directly approach the Supreme Court regarding this matter without informing the High Court?

The High Court of West Bengal and the lawyers within (with all due respect) is completely controlled and threatened by the State Government itself (this news was out in the media) and it is very hard to win a case in the West Bengal High Court.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 05 February 2015

Why do you want to go to any court at all? Has ICICI Bank gone to court against you? If they have gone to court and you have communication from that court to appear before it, you will have to appear in that court only.

Narender Kumar (student) 09 February 2015

one person bounced my cheque two time 1st 15.08.2014 and 09.02.2014 same cheque and this cheque no. is 553010 but my account is dorment a/c and in 10.02.2010 i used a cheque 553011 for cash in this situation i m safe or not and secondely he also show in notice i gave me money and taken cheque against the money and he given money 2009 and taken cheque

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 February 2015

@ Narendar Kumar Your narration is very confusing and is difficult to understand. You give every thing date-wise. 1. What happened in 2009? 2. What happened in 2010? 3. What all happened between 2010 and 2014. 4. What happened in 2014? 5. What happened in 2015?