Regarding bank cheques
kishore
(Querist) 03 September 2011
This query is : Resolved
sir ....regarding bank cheques..i mean sir two friends ...X and Y.....sir X taken amont of 325000 from Y.....in 2005....X given bank cheques to Y....for same amount....i mean cheque with out mentioning date....next in 2006 X paid amount to Y...next in 2007 Y saying that amont is not paid by X....AND later X made a lawer notice to Y tat to return back his cheque ...he mentioned in lawer notice with cheque number to return back X cheque in 2007......next Y given reply lawyer notice tat he is having X cheque with him..to return back his amount....but cheque was not totally filled with date in 2005....so in 2007 Y responded to X NOTICE tat X cheque is with him(Y).....but Y till now he did not file against X..IN 2011...next Y he never went back to bank and draw cheque amont from X accont.......i hearD by NIR ACT cheque valid only for 9 months from date of issue...next Y till 2011 he is not returning back X CHEQUES....IS THERE ANY PROBLEM TO X...but X made lawyer notice in 2007 to Y ....I NEED QUERY will cheque is valid or not
prabhakar singh
(Expert) 03 September 2011
Amount already withdrawn what left then.
a cheque is valid for 6months from the date of issue mentioned there on but here it was a blank undated cheque which could be dated any time by its holder.
when notices were exchanged ,the drawer must have taken a few more steps such as informing police by FIR and issuing a direction to bank to stop payment.
Now when the cheque is en cashed by collection ,only recovery suit can be option which could have been possibly decreed had there were no exchange of notices, but as of now very bleak chances are visulized by me.
kishore
(Querist) 03 September 2011
but X had given issuing a direction to bank to stop payment.
Now when the cheque is en cashed by collection ........in 2007 itself but not lodge FIR...again 2007....next even bank account of X also closed in 2009....
prabhakar singh
(Expert) 03 September 2011
then why you earlier stated that cheques en cashed. do you think it place of fun,or hide and seek game.
Raj Kumar Makkad
(Expert) 03 September 2011
In the given facts, matter ends and there is no fear for X.
kishore
(Querist) 03 September 2011
prabhakar sir iam soory....sir iam week in english....sorry but good legal advice...
Guest
(Expert) 05 September 2011
Dear Kishore,
In fact your query itself is a confused story where you made a statement that X made lawyer notice, the cheque was encashed in 2007, he (Y) is not returning cheque, and X closed the account in 2009. So, when the cheque has already been encashed by Y in 2007, where lies the question of validity of cheque now after 4 years of encashment that too after the account has already been closed 2 years back in 2009?
kishore
(Querist) 06 September 2011
sir i mean Y encashement of cash from not by bank ithrough direct....
