Sec 138 of ni act

sujeet patil (Querist) 30 March 2014 This query is : Resolved
THE CHEQUE HAS BEEN DEPOSITED BY COMPLAINANT AFTER 20 YEARS OF CLOSING OF ACCOUNT.WHETHER THE AGE OF CHEQUE CAN BE TAKEN AS DEFENCE? ANY CASE LAWS?

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ajay sethi (Expert) 30 March 2014
did you issue blank cheques? no date mentioned at time of issue of cheque?

Guest (Expert) 30 March 2014
Good point of defence, of course.

Rajendra K Goyal (Expert) 30 March 2014
How cheques are in other party hands, are these signed by you without date.

However, it is a good defense as advised by the expert PS Dhingra ji.

sujeet patil (Querist) 30 March 2014
He was my roommate and i use to sign the cheque without date he took advantage by stealing

Guest (Expert) 31 March 2014
Nothing to worry, if cheques are 20 years old.

malipeddi jaggarao (Expert) 31 March 2014
Forget about the issue. Account is already closed.

sujeet patil (Querist) 31 March 2014
sir any case laws thank you in advance.

V R SHROFF (Expert) 31 March 2014
no need for case law. Cheque was not issued in last 6 months!!
since 1 April 2013, bank will not accept old chq ..

T. Kalaiselvan, Advocate (Expert) 31 March 2014
Have you denied the consideration and liability in the reply notice, have you already stated in the reply notice that the cheque is stale and 20 years old?, This stand will defend you during trial of the case.

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