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Kedar Wagh (Secretary)     30 August 2017

Cheque bouncing

Cheque issued by Drawer is returned unpaid with remark "Present with Document" 

Can the Drawee initiate criminal action against the Drawer of the cheque on basis of the remark?



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 11 Replies

Siddharth Srivastava (Advocate)     30 August 2017

As per law cheque dishonoured for any reason attract prosecution u/s.138 NI Act.

Siddharth Srivastava (Advocate)     30 August 2017

As per law cheque dishonoured for any reason attract prosecution u/s.138 NI Act.

Siddharth Srivastava (Advocate)     30 August 2017

As per law cheque dishonoured for any reason attract prosecution u/s.138 NI Act.

R Trivedi (advocate.dma@gmail.com)     30 August 2017

What is this document? Ask your Bank.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 August 2017

Present the document to the bank. What is the problem for submission of document ?

 

Advocate Bhartesh goyal (advocate)     31 August 2017

Yes,if validity period of cheque is not expired,present it again for encashment however cheque returns due to any reason attracts the provisions of N.I Act.

G.L.N. Prasad (Retired employee.)     31 August 2017

This is the first time I am hearing such reason for return of a cheque.  I have never come across any such reason in Cheque Return Memo of any bank.  Cheque is an independent instrument and never requires any other documents before Bank.  Some where some thing is wrong in providing basic details.  If it is a PSU, immediately seek information under RTI Act  with postal order of Rs.10/- fvg the bank or under CP Act and seek informaiton as follows:

 

Reference to the Information: Cheque No.............for Rs..............drawn in account no...............of....................returned by the .................Bank on....................... stating the reason "Present with document"

Information solicited:

1)Please provide copy any order/notification/circular/rules and regulations that a cheque of your bank should be presented with document.

2)Please also  provide necessary stipulations either in Negotiable Instrument Act or RBI directive or Bank's manual that states that a cheque should be honoured only if cheque is presented with a document.

Azhagananth (Lawyer)     01 September 2017

40 Present with document (Exclusive CTS return reason)

6.9 -Requests for Paper
In terms of Section 64(2) of the Negotiable Instruments Act, “where an electronic image of a truncated cheque is presented for payment, the drawee bank is entitled to demand any further information regarding the truncated cheque from the bank holding the truncated cheque in case of any reasonable suspicion about the genuineness of the apparent tenor of instrument, and if the suspicion is that of any fraud, forgery, tampering or destruction of the instrument, it is entitled to further demand the presentment of the truncated cheque itself for verification. The cheque so demanded will be retained by the drawee bank if the payment is made accordingly”.
 
for full detail : https://www.npci.org.in/documents/NDBCH_Procedural_Guidelines.pdf

Sudhir Kumar, Advocate (Advocate)     03 September 2017

very sketchy facts are presented.

Vaishnavi   04 September 2017

There is no need to return check on mere reason for providing documents so it is not the ground for dishonour of check According to my knowledge the essential factor for dishonour is stop payment, unpaid amount, insufficient balance, closed account and now the new one is mismatched of signature

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 September 2017

What are the documents to be presented?  Only you know or the drawer may be knowing. Anyway you have to send notice to the drawer of the cheque to make payment. At that time you will come to know what documents were required. You can come here again with the particulars of the document.


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