Maintainability of Cheque-Reg.
Querist :
Anonymous
(Querist) 22 April 2010
This query is : Resolved
Respected Experts,
“A” has given an un-dated Cheque along with an agreement on dt. 31-12-2007 for a sum of Rs.3 Lakhs and the same is mentioned in the said agreement. Since he is not in a position to pay the entire amount of Rs.3 Lakhs, subsequently he approached and requested to pay the same in monthly instilments and that he has given 10 cheques @ 30,000/- each. Accordingly he honoured only one Cheque in Feb,2010 and failed to pay the next instilments. Now I want to present the above Rs.3 Lakhs Cheque. And thus I want to clarify that:-
1. Actually there was no date on the above Cheque, which was received 3 years back. Is it legally valid, if I put today’s date.
.
2. Now I have to claim only Rs.2.7 Lakhs as I have already received Rs.30,000/-. So shall I deposit 3 Lakhs Cheque now?
3. In case of its return, shall I issue a legal notice claiming only Rs.2.7 lakhs even though, the Cheque is Rs.3 Lakhs.
4. How the proforma of Legal Notice woud be.
Plz. Clarify.
Raj Kumar Makkad
(Expert) 22 April 2010
You have 9 cheques in possession amounting to Rs. 30,000/- each and an old undated cheque of Rs. 3,00,000 also.
Why you not issue the notice of recently bounced cheque of Rs. 30,000/- and file the criminal complaint against him under section 138 NI Act?
It is better to deposit every month a new cheque and if bounced, file each time a new complaint. It shall definitely harass the accused more and more and he shall give you full and final amount at once.
