Bank recovering more amount than compromised cheque amount

[Anonymous]

i want to know that once a case of cheque bounce has been compromised between both parties i.e. accused and bank authorities on payment of certain amount which also paid to the bank can the bank claim for more recovery from the accused

[Dr. Ashok Dhamija]

You have not made it clear whether the bank is claiming more recovery from the customer on the cheque amount itself or on the remaining part (if any) of the loan after payment of the said cheque. It also depends on the terms of the compromise between the parties. It is not clear whether the said cheque represented repayment of the full loan amount due to the bank. If the cheque was meant to pay only a part amount of the loan due to the bank and the compromise did not touch upon the remaining amount of loan, then the bank may be within its rights to claim the remaining loan amount in accordance with law. So, it all depends on the facts of the case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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