Expired cheque
Gayatri Gayatri
(Querist) 29 September 2014
This query is : Resolved
Dear Sir,
This is in continuation to query posted by me earlier few days back Below question of mine got unanswered. Can some one kindly help me on this. I am posting question again in capital letters.
A)CAN MY OPPONENT (WHO IS CAUSING MENTAL HARASSMENT TO ME) TROUBLE ME IN ANYWAY WITH THE EXPIRED CHEQUE WHICH THEY HAVE WITH THEM OF THAT OF MINE ? CHEQUE WHICH WAS ISSUED/DATED 1 YEAR BACK AND IT WAS NOT PRESENTED IN BANK DURING THE DATE VALIDITY TIME?
B) WILL IT HURT ME IN ANYWAY IF I FILE DEFAMATION CASE ON MY OPPONENT WHO IS CAUSING MENTAL HARASSMENT ?
"
3) If I file a defamation case Can the other person harm me in anyway with the promisory note and old dated cheque he has ? Is there any possibility under legal rules ? "
Isaac Gabriel
(Expert) 30 September 2014
A&B No chance.But can be proceeded aganst on the basis of pro-note.
Anirudh
(Expert) 30 September 2014
We do not even know what exactly is the transaction between the two of you.
We also do not know whether any communication has been exchanged between the two of you.
We also do not know the date of the promissory note.
When many of the information is kept away from us, you will appreciate that mere abstract question will not fetch you the appropriate answer. Even if you get some answer, how that will be useful to you for the factual situation, is a million dollar question.
dr g balakrishnan
(Expert) 30 September 2014
1. cheque is stale. He cannot proceed on you under 138 r/w 142.
2.how many years before your promissory note was executed that is valid as law of limitation might surface.
3. He cannot move any court if he has crossed limitation period under civil law.
4. only law of crimes do not fall under limitation as it can be invoked anytime!
test all the above factors on your matter and come to a conclusion.
M V Gupta
(Expert) 01 October 2014
Cheque having become stale does not ipso facto relieve u from the debt, if it is within 3 years from the date of debt. If he is demanding for payment u cannot treat it as harassment or defamation.
RAJU O.F.,
(Expert) 01 October 2014
If you are sure that the cheque was dated with date of one year back, he cannot present it in bank. But he can proceed against you with the pronote, which was due for payment one year back.
dr g balakrishnan
(Expert) 01 October 2014
always remember pronote matter if within the period of limitation then it is just a civil matter only.
if pronote enforced within limitation period pronote loses its effect as the holder is supposed to have waived his claim is duly presumed that is civil law;
