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Arun Patel (CA.)     14 August 2012

Non micr cheque

 

My Query is as under:-

I have received a cheque of Rs.15Lakhs in my favour. The said cheque is:-

1) NON MICR cheque.

2) Not Dated.

3) Signed by the Issuer.

4) My account is with SBI.

Brief Fact of the case:- I approached the bank for depositing the NON - MICR Cheque, the bank refused to accept the cheque, stating that the cheque is old and they will not accept the same as it is NON-MICR cheque. So I requested the issuer of cheque to reissue a proper MICR cheque to me, to which he refused at. Now the issuer of cheque is not paying me nor he is reissuing me the proper MICR cheque.

 

Just in order to cheat / deceive me he had intentionally issued me such NON-MICR cheque.

 

Kindly suggest me what action I should take now, Because I cannot take action u/s 138 until the cheque is dishonored and dishonor of cheque cannot happen unless cheque is accepted by bank.

 

PLEASE SUGGEST TO RECOVER THE SAID AMOUNT.

THANK YOU VERY MUCH...

 



Learning

 1 Replies

S.Premalatha (Lawyer)     14 August 2012

you just send a Legal Notice to the concerned person without further delay and state the reasons therein. From the date of the Legal Notice, you can file a suit for recovery of money to claim the amount with interest within three years from the date of the Legal Notice by bearing necessary court fees for filing the same. Even, you can lodge a criminal complaint before the police to take action against that person for cheating you knowing fully well that NON MICR Cheques shall not be encashed.


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