Direct deposit is the ultimate in convenience. No longer do you have to worry about losing or misplacing your paper check, rushing to get your money in the bank or waiting in long lines for a teller to process your deposit. Direct deposit also gives you the option of other time-savers such as automatically splitting funds from your paycheck into different accounts.
Law related to bouncing of cheque By Team Legal Helpline India, April 13, A brief write up by our experts on the law related to bouncing of cheque and all other related issues which will help one in understanding the entire process. E-CHEQUE Electronic cheque e-cheque is the image of a normal paper cheque generated, written and signed in a secure system using digital signature and asymmetric crypto system.
Simply said an electronic cheque is nothing more than an ordinary cheque produced on a computer system and instead of signing it in ink, it is signed using the digital equivalent of ink. After the coming into force of The Negotiable Instruments Amendment And Miscellaneous Provisions Act,legal recognition has been accorded to e-cheques and they have been brought at par with the normal cheques.
Dishonour of cheque for insufficiency, etc. Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the writing a void cheque bank or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice.
Provided that nothing contained in this section shall apply unless- a the cheque has been, presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; b the payee or the holder in due course.
The payee or holder in due course should have issued a notice in writing to the drawer within 30 days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid.
After receipt of the said notice from the holder in due course, the drawer should have failed to pay the cheque within 15 days of receipt of the said notice. Instances of dishnour of cheque and the conditions under which the cheque bouncing case can be launched are listed as under: Section describes the above ground of insufficient funds in the account of the drawer of the cheque in the following words: The amount of money standing to the credit of the account of the drawer on which the cheque is drawn is insufficient to honour the cheque, or The cheque amount exceeds the amount that can be paid by the bank under an arrangement entered into between the bank and the drawer of the cheque.
Some of theses grounds are: To attract the provisions of section NI Act, the cheque should be presented with the bank on which it I drawn- If the cheque is not presented to the bank on which it is drawn, then provisions of sec would not be attracted.
If bank on which the cheque is drawn is not a clearing member of the Reserve Bank of India — unpaid return of the cheque would not attract section Effect of other endorsements: It has been repeatedly held by courts that manifest dishonest intention of the drawer resulting in dishonour of the cheque would lead to prosecution under section Negotiable Instruments Act regardless of the actual ground of dishonour.
A director in a company cannot be deemed to be in charge of and responsible to the company for the conduct of its business. The requirement of section is that the person sought to be made liable should be in charge of and responsible for the conduct of the business of the company at the relevant time.
This has to be averred as a fact and there is no deemed liability of a director in such cases.
AIR SCW ; AIR SCAIR SC Supreme Court has also held that for the directors of the company to be made liable for an offence under secthe complaint must contain specific allegations against directors as to how directors are in charge and responsible for conduct of business of company.
Mere allegation in complaint that accused persons are directors and responsible officers of the company is not sufficient.
Various High courts and the Supreme Court have explained this many a time. Complaint in respect of such a cheque issued as a gift, is not maintainable. On each presentation of the cheque and its dishonour a fresh right — and not cause of action — accrues in his favour. He may, therefore, without taking pre-emptory action in exercise of his such right under Cl b of sec.
However, the courts take a lenient view in such cases and the accused is set free or punished lightly.If you need to provide a void cheque or your banking information for direct deposit or pre-authorized debits, here's what you can do. If you have a cheque Simply write "void" across it .
We may need copy of the personal ownership for the cheque printing order, failing to do so may resulting in the cancellation of the order. What is a Cancelled Cheque?
A cancelled cheque in India simply refers to any cheque that has strike marks on it with the words ‘cancelled’ written across. A cancelled cheque is considered to be proof that you actually hold an account with the bank.
2. Call your bank and ask to place a stop payment on a pre-authorized electronic check to void the check. Provide your bank with the name of the check payee, the amount of the check, and the check.
The fee varies from bank to bank. At Santander Bank, for example, you’ll generally pay $15, while at Wells Fargo and Bank of America, the fee is $ For international checks, these fees can.
How to Void a Check. Writing “VOID” across the front of the check prevents anybody from using the check to make a payment (by filling in a payee and an amount).
If a thief gets their hands on the check, Ask for a letter, printed on bank letterhead.