LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

bhaskara (manager)     26 October 2019

Non cts cheque

One my customer has given me non CTS cheque. Recenly I deposited this non CTS cheque and Bank has returned me with Memo as non CTS cheques are not processed. Can I  send a notice to my customer on 138 NI Act or there any other options?


 16 Replies

Real Soul.... (LEGAL)     27 October 2019

Just issue the leagla notice followed by 138 NIA

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 October 2019

No. Section 138 can be invoked only when cheque is returned for want of funds.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 October 2019

No. Section 138 can be invoked only when cheque is returned for want of funds.

G.L.N. Prasad (Retired employee.)     27 October 2019

The banker is at fault.  There were no such clearing and digitalization in the past, and banker should accept any instrument and send it as an outward bill for collection or local bill for collection.  Immediately make online complaints and issue a notice to Bank under CP Act for deficiency of service. and the bank is liable to pay huge compensation equal to the value of cheque for this deficiency of service if there is a delay in presenting the cheque.  Within a week, you can expect a phone call from the Bank to deposit the cheque in your bank account.

G.L.N. Prasad (Retired employee.)     27 October 2019

A cheque is a cheque as per the Negotiable Instrument Act.  The collecting banker must accept any cheque and get it collected as per laid down procedure.  The banker may not present it directly through clearing but he can send the same by post to the paying banker and can seek proceeds by way of demand draft or RBI cheque.  No banker can reject such instruments.  (Bankers even purchase and collect hundis for their customers)

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 October 2019

Query referred to the forum is whether Section 138 can be made applicable. The answer is no.

bhaskara (manager)     27 October 2019

Customer is not ready to give the CTS cheque. Can I send a notice to pay money or give new Cheque?

SHIRISH PAWAR, 7738990900 (Advocate)     27 October 2019

Dear Mr. bhaskar, 

You can send notice for payment and later on you can file suit for recovery of amount in civil court. 



1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 October 2019

Yes. To recover your money, arrange to send notice to the non-paying Customer.

G.L.N. Prasad (Retired employee.)     27 October 2019

Your query is also about or there any other options?  

You have to explore all the options at your end.  The presumption is that cheque may be from the co-operative Bank without digitalization, and they issue such old format cheques to their customers.  Some customers who wish to delay the payments, knowingly and with deliberate intention to avoid/evade immediate payment open their accounts and use those cheques.  The unscrupulous trader may be having different bank accounts, and he uses those accounts to suit his plan.

P. Venu (Advocate)     27 October 2019

Yes, there is no scope for a complaint under NI 138. You can serve a legal notice and or file a civil case for recovery, if so advised. The cheque issued could be a valuable evidence. The court need to be approached within the period of limitation.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 October 2019

In order to be on the safe side instead of the time consuming process of complaining against the bank, you send notice to customer as required under NI-138 and also personally request the customer to issue a CTS cheque.

GS kalyan Advocate   26 June 2020

As per RBI notification/advisory non CTS cheque is not presentable after 31/12/2018. only remedy lies to police for cheating FIR as he has knowingly intentionally gave you the non CTS cheque with other elements of cheating.

G.L.N. Prasad (Retired employee.)     26 June 2020

@GS Kalyan

Sir, Can you upload the link of RBI.  As per my knowledge, it is not presentable after 31-12-2018 through clearing.     The Negotiable Instrument Act states that a cheque must be presented to the drawee.  The mode is not defined.  The cheque can be presented to the drawee bank in several ways like a)Clearing b)post c) in-person through messenger etc.

In those cases, banks collect conveyance charges and send the cheque through their messenger to the drawee bank.  The drawee bank has to pay cash or issue cheque or return the cheque money with such reason.  It all depends on deft handling.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register