Out of date cheque
D.G. Mohan
(Querist) 30 July 2012
This query is : Resolved
The cheque date was 4 months old. But the banker returned the cheque stating Insufficient funds. What is the position, when the party files case under sec 138?
prabhakar singh
(Expert) 30 July 2012
Can not you raise a little more veil to let me know the date on cheque,the date it was presented & the date on which it was bounced ?
D.G. Mohan
(Querist) 30 July 2012
The date of presentation of cheque itself was after 3 months. i.e 5-4-12 cq. dt. and presented on 12-7-12.
prabhakar singh
(Expert) 30 July 2012
very good ! Thank you for clear cut response to my query.
NOW MY CLEAR CUT ANSWER IS THAT CHEQUE WAS NOT PRESENTED WITH IN ITS'VALIDITY PERIOD HENCE NO OFFENSE UNDER 138 N.I. ACT IS ATTRACTED.REMIND YOUR SELF TO s.138 PROVISO (a)WHICH READS AS "(a) The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier."
"or within the period of its validity, whichever is earlier." the exactly words one need to read............
D.G. Mohan
(Querist) 30 July 2012
Thank you Sir...
prabhakar singh
(Expert) 30 July 2012
i feel so obliged for your thanks i feel so much starved.
Devajyoti Barman
(Expert) 30 July 2012
Send notice immediately and start the initiation for 138 case.
