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Mahesh2010 (Occupation)     23 July 2010

Bounce Cheque

Respected Members,

 My friend have issued post dated chques to Financial institute towards repayment of vehicle loan. Upto Last EMI, every month amount has been debited to his account against relevant cheque very regularly, but, last EMI cheque was return back to Financial institute by his banker, with remark Signature Mismatch.

1) Whether it was not necessary for banker to inform customer, before sending back the cheque to financial institution, as it was reflecting regularly for last couple of months with same amount in the bank account.

2) Financial institute noramally send the cheque for clearing in the first week of month, but, they sent these last EMI in the last week, which was bounce back due to signature mismatch and effectively repayment of last EMI will be done in the next month. Whether financial institute, can ask for any penalty.

3) With whom original cheque will be available, as my friend, even suspect that, there must be over wrighting on his signature, during cheque clearance process, resulting into signature mismatch, as during last 3 years banking with same banker, none of the cheque has been bounce for these reason.

3) As per RBI guidelines, what is the standard procedure in this type of cases of signature mismatch and cheque getting returned, despite of sufficient funds in account.

 

Please guide

 

Thanks

Mahesh

 



Learning

 1 Replies

vishal (advocate)     10 November 2010

There is no neccessity for the banker to inform his customer for sending back his cheque with the remarks of mismatch of his signatures. 

Nowhere the financial institution is a case like your has to ask for any penalty as mismatch of the signature is a normal ptroblem as and when a number of cheques have signed at once.

i cannot in position to say any thing without going through the original record.

If u want any further advise, you have to approach concerned RBI authorities


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