Will cheque bounce work?
kmuntharao
(Querist) 26 March 2012
This query is : Resolved
Respect experts,
I seek your opinion on below case.
I have given some big amount to a friend in 2008(I have bank statement to that affect) through cheques he in turn give a blank cheque and a blank Rs100 promissory note. For purchase of a flat in Hyderabad. Then he tricked me by registering it in his brother's name. Now he is refusing to pay me back the amount as the transaction is time bared. Do I have any options like check bouncing? What use will be the documents I have(blank cheque and promissory note? Why is this time bar in the first place to protect whom? Is it not that law of our land is hurting Gullible people like me? What are my chances of getting my money back?
Anirudh
(Expert) 26 March 2012
Dear Mr. Koteswara Rao,
It is your mistake.
Having given the money in the year 2008, you should have taken action to file a suit for recovery before the expiry of limitation of 3 years. If you have not done it, you cannot blame the law. Law is common for every one.
If the cheque given to you was bounced, did you issue legal notice, and after issuance of the legal notice, did you file a complaint u/s. 138 Negotiable Instruments Act. If you have not done, you have completely lost your chance and you cannot recover anything from the person at this juncture - even though you may be having blank cheque and promissory note. Both have become useless by efflux of time.
V R SHROFF
(Expert) 26 March 2012
Law do not help negligent persons. You must be vigilant , to takew help of Law, and Three years is a very good, long time. One cannot keep it so long, that it is taken to surprise at his death bed.
Any way, put date of Jan 12, on your cheque & get it re bounced, now by depositing it.
You will be able to recover it. take every steps comply with consulting your lawyer.
do not try to do yourself.
Anirudh
(Expert) 26 March 2012
Dear Mr. Shroff,
I am afraid. The querist cannot indiscriminately put the date of the cheque as Jan.12, especially when the cheques were given at the time of giving loan in the year 2008. In fact, even if an undated cheque, it will be valid only for 6 months from the time of issue - the validity cannot be stretched by putting latest date, when the querist says that he got the cheques when the loan was given.
kmuntharao
(Querist) 26 March 2012
Dear Sir,
The cheque given is not dated.
V R SHROFF
(Expert) 26 March 2012
"from the date of issue"
Anirudhji, , how do you define it, pl reply here,
you will answering your own question.
Date of issue is issue by banker, or by a/c holder??
pl reply now.
kmuntharao
(Querist) 26 March 2012
by the account holder
V R SHROFF
(Expert) 26 March 2012
Dear Sir,
"" The cheque given is not dated.""
I KNOW IT, SO I ADVISED TO PUT DATE: SIMPLE.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 March 2012
Easy for defense difficult to advise the complainant. Once you put date yourself you open a can of worms that is about how and when liability was created.
If there is a possibility of several things going wrong, the one that will cause the most damage will be the FIRST to go wrong.
Anirudh
(Expert) 26 March 2012
Dear Mr. Shroff,
The "date of issue" is only from the Account holder's point of view.
Here the term "issue" will normally relate to 'date of the cheque' wherever the cheque is dated by the Holder at the time of issue.
However, if the Account Holder hands over the undated cheque, then the six months period (or whatever the validity period) will start from that date of handing over of the cheque. That is why I said, that since the querist says that the undated cheques were handed over to him when he gave the loan, if at all, he could have got the date filled up only within those 6 months and certainly not later. OTHERWISE, THE QUERIST HAS TO SAY THAT THE CHEQUE WAS GIVEN TO HIM AT A MUCH LATER DATE. HE CANNOT ON ONE HAND SAY THAT THE CHEQUE WAS GIVEN TO HIM IN 2008 WHEN HE ADVANCED THE LOAN, AND AT THE SAME TIME SAY THAT IT WAS DATED IN JANUARY 2012. Just because the cheque was undated, it would not mean that any date can be filled.
I hope I have made myself clear.
V R SHROFF
(Expert) 26 March 2012
If they are friends, he might have given the cheque in last 3 months!!!so date of issue is Jan 12.
We have to try to get justice.Can we stand helpless and allow a culprit to go away with huge amount??
There can be 10 more ways to bring the case within limitation period. Make it water tight, that stands cross exam in evidence.
The way defense act, Prosecution can also find out means and ways, water tight, to win and extract money with interest, loss of damages & litigation cost too!!
AND U R HELPING TO MEET END OF JUSTICE..
Aswasthama was dead?? Naro va kunjarwa??
And we are Advocates, not above Dharmaraja...
It is in the interest of Justice.
V R SHROFF
(Expert) 26 March 2012
Let accused say anything, We must say what we want to,
Payment is proved.
A Pro note is there.
I believe, and it was proved, beyond reasonable doubt, even when paid by CASH before 7 years.
Nothing wrong to fight for truth & justice.
If opp party want to take disadvantage of Law,of Limitation, go for TIT FR TAT!!
IF U DIG UP SEVERAL SUCH CITATIONS AND EVIDENCE, IT WILL BE CRYSTAL CLEAR..
V R SHROFF
(Expert) 26 March 2012
Dear Anirudh, Client will say his story.
To grab justice, for him, we have to put it in slots, that achieve the Objective.
We cannot act exactly as he says.
We need to explain it to our client, and once he agree, Prepare case that totally favour our client.
And it should meet the end of justice.
If everyone tell truth only, no need of COURT.
After that Let Shri JSDN start his Job of Defending the accused. All may not getting powerful, intelligent defence Lawyer, and it is possible, TRUTH WIN. Natural justice is that he should get his money back.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 March 2012
Shroff sir what is truth , nothing is absolute in the world. PARTICLE PHYSICS SAYS EVERY THING IS RELATIVE TO EACH OTHER.
So instead of helping the pathani moneylenders and loan sharks better to assist the victim .
WHAT LORD KRISHNA DID IN EPIC BATTLE OF MAHABHARATA.
Yudhaswa Jetasi Rane Sapatnan- Gita 11 (34)
Law was against ( Drona) , ethics were against ( Bhisma),
Fair tactics ( Karna, jaydrath ) were also against PANDAWAS.
Still they won because they fought the war without guilt, without fear .
LORD KRISHNA SAYS FIGHT WITHOUT FEAR AND YOU WILL WIN.
kmuntharao
(Querist) 26 March 2012
Very true JSDN I agree but it is my hard earned money that I gave my life savings from my salary account. I am normal guy who works on salary. I not building sympathy but it it the truth. I am struggling because it is my tax paid earnings.
Sankaranarayanan
(Expert) 26 March 2012
Well advised by mr sheroof ji. Beter late than never. Do accordingly at least last minit
Shonee Kapoor
(Expert) 26 March 2012
I agree with Shroff Sir.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 March 2012
Mr Shroff sir your vision is excellant but it should work in actual court case.
Mr rao you have well wishes of all others so try hard and as I have reproduced LORD KRISHNA , fight without fear and guilt and leave the result for system to take care.
V R SHROFF
(Expert) 26 March 2012
when JSDN Saab, blessed u, go ahead. It is a rare chance. .
Anirudh
(Expert) 26 March 2012
Dear Mr. Shroff,
I shall be happy if you can first indicate whether my understanding of the law on the subject is correct or not - that (i) the validity of the cheque would be determined from the date indicated on the cheque if it is dated; and (ii) in case undated cheque is given, the validity will start from the date of such handing over.
For a moment, I am not concerned as to how you will manage things in the instant case.
Anirudh
(Expert) 27 March 2012
Dear Mr. Shroff,
Can you please clarify whether my above understanding of the legal position is correct or not.
Regards.
Guest
(Expert) 27 March 2012
Nice discussion!
V R SHROFF
(Expert) 27 March 2012
My dear Anirudh,
you are unnecessarily confusing yourself, where the matter is so straight and simple:
Now read :
Your Q:I shall be happy if you can first indicate whether my understanding of the law on the subject is correct or not - that (i) the validity of the cheque would be determined from the date indicated on the cheque if it is dated; and (ii) in case undated cheque is given, the validity will start from the date of such handing over."
MY ANSWERS
Ans: 1. Who will deposit undated cheque in bank ? Ans : No One.
2. So someone will put date on cheque before depositing in bank : Ans : Yes.
3. So the validity will start from the date of cheque written on cheque? Ur (i) apply.
Date written on cheque becomes date of issue??
Now do you understood::
Otherwise is there any other date xx;yy;20xx on cheque ?? Ans NO
So date written on cheque is date of issue,
validity six months till 31-3-2012,
Validity will change to 3 months from 1-4-2012
I hope I am clear.
I can explain you, clarify the fact, that you can understand, Sorry, I cannot give you brain to understand such a small and simple matter.
Keep Law at one corner. You cannot change LAW,
Law will be applied to facts that you generate. You can change FACT, that suit to LAW.
I cannot understand, why u can’t understand this simple thing, date put on cheque starts validity. That’s all.
OK
Anirudh
(Expert) 29 March 2012
Dear Mr. Shroff,
Thank you very much.
As you are aware the querist said "I have given some big amount to a friend in 2008(I have bank statement to that affect) through cheques he in turn give a blank cheque and a blank Rs100 promissory note".
When you said "Any way, put date of Jan 12, on your cheque & get it re bounced, now by depositing it."
I wanted the following clarification from you:
"I shall be happy if you can first indicate whether my understanding of the law on the subject is correct or not - that (i) the validity of the cheque would be determined from the date indicated on the cheque if it is dated; and (ii) in case undated cheque is given, the validity will start from the date of such handing over."
In the last post you said: "you are unnecessarily confusing yourself, where the matter is so straight and simple:"
Thank you once again for enlightening me.
If you do not mind, you may like to go through the attached a decision (especially Paragraphs 4, 15, 17 and 18) of the Madras High Court exactly on the point of undated cheque and its period of validity. This probably will give you a clue, why I have been asking for clarification from you, which is a very very small matter for you.
V R SHROFF
(Expert) 29 March 2012
Anirudh, here it is proved that cheques were handed over before a year, as per this Judgement attached by you.
**"As it has been proved that the undated cheque was handed over one year and six months prior to the date of the cheque, I am of the considered view that the dishonour of the same would not create any criminal liability on the revision petitioner/accused""**
Here we are creating evidence that I suggested IN BEGINING**"If they are friends, he might have given the cheque in last 3 months!!!so date of issue is Jan 12.&*****
NOW IT MUST BE CLEAR TO YOU.
FACTS ARE CHANGED, AS WE CANNOT CHANGE LAWS. OK
V R SHROFF
(Expert) 29 March 2012
Mr. Rao????????????????
Anirudh
(Expert) 29 March 2012
Dear Mr. Shroff,
Thank you once again.
Shonee Kapoor
(Expert) 30 March 2012
Lively discussion, some points are clearer now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
