Roy Dileep (Sap consultant) 07 November 2009

cheque not dated

Hi, I've been issued with a cheque for an amount of 5,85,000/- and the cheque is not dated. Mrs X has borrowed money from me in various sums at different time period. And on demanding the money back the Mrs X gave me this cheque,a passport copy,a copy of degree certificate and a rental agreement. I later came to know the address of the Mrs X native place was someone elses. In the meantime she went to Dubai. On checking the passport copy,I came to know her real place. But only his grandparents live there and they haven't got any clue of anything. I contacted her via email and she kept on finding excuses. Its been two years now and no money was paid back. Her whole family is in Dubai. I even spoke to them, but they hesitate to give the money back. Can someone please help me in explaining how to go legally against this. I haven't presented the cheque in the bank cuz I knew there wud never be money in her account. thanks Roy

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5 Replies

Anish goyal (Advocate) 08 November 2009

If cheque is not dated the date it and present it to the bank 4 payment. If it got bounced then file a criminal case under negotiable instrument act.

Ziaul Haque Ansari (Advocate) 08 November 2009

But before depositing the cheque for encashment before your banker do mention the date on it and after the cheque gets bounced do as per the procedure but please never utter that you wrote the date on it

Roy Dileep (Sap consultant) 09 November 2009

Thank you very much for the info. I have a few more doubts. I am not a citizen of India,rather a English passport holder. Is that going to arise with some other issue while filing a complaint? plus I've read a lot in this forum.. As the person is not in India presently, in whose name should the notice be sent to? I've got emails from her mentioning that she will sent the money. and a recorded msg of her father trying to negotiate with me. Is this gonna be of any use?? thanks Roy