Answers
Question
Even though I had sufficient balance in my accounts, the bank didn't cleared my cheque. Now the third party had filed a case against me. Can I sue bank for this.

Dear Abhinav, You can book a consultation regarding your case. Regards, Arnab Biswas Advocate

When a cheque is dishonoured, the drawee bank immediately issues a 'Cheque Return Memo' to the banker of the payee mentioning the reason for non-payment. The payee's banker then gives the dishonoured cheque and the memo to the payee. If the "Cheque Reture Memo" is issued inspite having balance, You can file a suit either in Civil Court having pecuniary jurisdiction or thorugh a Consumer Court. A person who avails of any service from a bank will fall under the purview of the definition of a 'consumer' under the 1986 Act. As a consequence, it would be open to such a consumer to seek recourse to the remedies provided under the 1986 Act.

Yes, you can sue the bank either in consumer commission or banking ombudsman for damages and compensation due to deficiency of services

Ask the reason for not clearing the amount and tell the Court that it wasn't you

Yes the bank can be asked for a proper explanation for the denial of cheque. Despite your account was funded with sufficient amount of balance. We can move the bank and the third party to the court. Which needs to be properly addressed carefully and meticulously. For a detailed review of your issue you may book a consultation here, so that we can check for all the available documents carefully and file appropriate cases before the appropriate authorities to get our selves relief.

First of all ask ur bank why it not cleared the cheque and what is the reason, only then i can tell u.

No need to sue bank for this, Just show your bank statement reflecting sufficient balance on date of chq clearance and get over with 138 case. Thereafter, send a legal notice to bank and warn them future consequence of such nature.

yes you can however the details mentioned on the cheque return memo is important. Kindly contact me with all the required details so that i may help you accordingly.

It depends on reason for dishonour. It can be mismatch of sign etc....

Of course you can sue, but doing that first ask to your bank to do needful steps and atleast give them sufficient and reasonable time then you can sue.

Kindly take appointment

Ask your bank for your bank statement