Cheque bouncing case

AK Misra (Querist) 26 June 2017 This query is : Resolved
In a Cheque bounce case where the date on Cheque is non existent & impossible such as 60/20/2015,
whether accused can take advantage of that ? Whether such cheques are valid negotiable instruments
and become cause of case under section 138 ?

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Sudhir Kumar, Advocate (Expert) 26 June 2017
This is not a valid cheque at all. No case is made out.

Advocate Suneel Moudgil (Expert) 27 June 2017
Invalid cheque, no case

Advocate Bhartesh goyal (Expert) 27 June 2017
yes,cheque is invalid .complaint on such cheque is not maintainable

T. Kalaiselvan, Advocate (Expert) 27 June 2017
The cheque will be returned by the bank for incorrect details or date, hence no cheque bounce case is maintainable on this ground.

Rajendra K Goyal (Expert) 27 June 2017
Academic query.

State material facts of the problem if any.

How are you concerned / related with the query?

Looks like examination question.

AK Misra (Querist) 27 June 2017
Thanks to those experts who gave specific reply.
But may I have any case law or citation in this regard.
As the case is actually running and on the stage of evidence.

Kumar Doab (Expert) 27 June 2017
Cheque is invalid. The banker/bank is under obligation to return the cheque.

T. Kalaiselvan, Advocate (Expert) 01 July 2017
Without knowing the details of the case or the pleadings on the basis of which the case has been filed, it may not be possible to render a proper suggestion or to refer a proper citation

Kumar Doab (Expert) 01 July 2017
Your own very able local senior counsel of unshakable repute and integrity specializing in such/civil matters that has examined case file shall chose citations if and when necessary.

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