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Discussion > Criminal Law > Rbi notofication reducing 6 month to three month?   Unanswered Threads Post New Topic

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N.K.Assumi


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[ Scorecard : 21284]
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Posted On 21 July 2012 at 18:49 Report Abuse

Payment of Cheques/ Drafts/ Pay Orders/ Banker’s Cheques: The existing validity period of 6 (six) months of cheques etc. [if not otherwise mentioned on the instrument] has been reduced by the Reserve bank of India to 3 (three) months from the date of the instrument, which will be effective on and from April 1, 2012. Does it mean that a cheque issued on 10th March 2012 will be invalid by 10th July 2012?



Kishtaiah


Advocate
[ Scorecard : 159]
PRO CHAT CALL
Posted On 21 July 2012 at 22:19

Dear Ld.Fd.Assumi, The stipulation u/s 138 (a) "......Or within the period of its validity whichever is earlier." now in effect reduced six to three months due to above RBI notification w.e.f. 1-4-2012.  The notification only states that the change in validity period is effective from 1-4-2012 as a plicy.  It does not either state or seem to imply that cheques issued before 1-4-2012 shall continue to be valid for six months.  Hence, I am of the opinion that any cheque irrespective of its being issued prior or after 1-4-2012 its validity for presentation expires before expiry of 3 months.  So your apprehension is correct.  I would like to know from other friends, if I am wrong.


shamina sayed


Advocate
[ Scorecard : 167]
PRO CHAT CALL
Posted On 21 July 2012 at 23:10

Yes ,since the validity  is now reduced,the cheque would become stale even though it is issued prior to date of notification. 


N.K.Assumi


Advocate
[ Scorecard : 21284]
PRO CHAT CALL
Posted On 22 July 2012 at 08:20

Dear Ld.Sir.Kishtaiah and Shamina sayed, thank you for the responds and the clarification.





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