Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 15 August 2013

Some action after expiry of cheque

Hi Experts,

If cheque is not presented in bank because drawee had avidence that there is no balance in account of drawer. The date of cheque got expired being there was no sufficient balance in account of drawer throgh out the life time of cheque.

In this case drawee never wanted to file a cheque bounce case. Can he take any other criminal action against drawer because he issued such a fake cheque for a particular date and had not tried to update his account to honor this during the whole life time of that cheque. ( Any forgery, fraud, mis-trust actions).

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3 Replies

manoj gautam (advocate) 15 August 2013

hi,

as per the facts u provide abt that cheque no action of any fraud, forged cheque,138 n.i act or mis-trust can be started because only ur knowledge that the account has no any fund not proove any offence until that cheque is bounced by bank and appropriate procedure is followed as it lacks any kind of evidence...in this case drawee make a mistake not getting the chque bounced and keep that cheque intact with himself...the proper remedy was should be that he should have to present that cheque to bank and let the cheque bounced and after that give notice to drawer and start the litigation.....so in this case no action of any kind can be started against drawer --equity aids the vigilant and not the indolent....

Kolla Gangadhar (Practicing Advocate since 1986) 16 August 2013

Cheque date 3 months is expired you may file case under Section 420 I.P.C. You may filecivil case for recovery of cheque amount and you must prove that cheque was issued to repay debt or liability at the that time you had ten lakhs you had paid money to drawer of cheque.