PARTY HAS ISSUED A A/C PAYEE CHEQUE DATED 1 YEAR BACK.

Querist : Anonymous (Querist) 26 June 2011 This query is : Resolved
Dear Sir
one of my client issued a account payee cheque on my firms name, dated 1 year back when the company was not even incorporated. I have invoice for the total billing done to him, but the cheque is for only for 80,000/- he is not issuing a fresh cheque nor returning the material supplied, please help i need some legal assistance please reply.

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Advocate. Arunagiri (Expert) 26 June 2011
The cheque is stale. No use. But, you can go for a civil case.

prabhakar singh (Expert) 26 June 2011
issue a notice stating all facts and demanding payment due,also state if he fails
to pay or issue a fresh cheque with in 15 day s, then u will have reasons to believe that
cheque was deliberately anti dated with intention to cheat and defraud,then lodge
f.i.r. and also file a suit of recovery.

malipeddi jaggarao (Expert) 27 June 2011
When the cheque was given to you? How anybody can accept a cheque which is backdated for one year? Only recourse is filing civil suit for recovery of dues as suggested by Expert Mr.Arunagiri and Mr.Prabhakar singh.

Nagesh Rudrakanthwar (Expert) 27 June 2011
the cheque have to be deposited or paid within 6 months of mentioned date. how come you have accepted the cheque before 1 year.
as far as recourse is concern you can file a suit for recovery under civil court