undated cheque
Kirti Kar Tripathi
(Querist) 05 April 2011
This query is : Resolved
When a cheque is deposited with a covering letter in pursuance of any orders of the Court but due to some reason, the date could not be mention but month and year is mentioned. However on covering letter, the date of cheque specifically mention. It an established law that undated cheque is valid bill of exchange. In that circumstances, whether tender of cheque in pursuance of order of the court will be legal or not. If there exists any case law, please provide.
Kirti Kar Tripathi
(Querist) 05 April 2011
My special request to Mr. Shashikumar kindly help.
Kirti Kar Tripathi
(Querist) 05 April 2011
I also request to my other friends, please help, it is very urgent.
RAJU O.F.,
(Expert) 07 April 2011
You have stated that the cheque is deposited. What is the consequence? Is it paid by the banker, or returned?
Advocate. Arunagiri
(Expert) 07 April 2011
Dear Mr.Tripathi,
If the cheque has to be deposited, it should bear the date. Even if the covering letter says the date of the cheque, undated cheque will not be accepted for clearing.
Court order may say to present the cheque. But, the undated and incomplete cheques will not be accepted for clearing by the banker.
malipeddi jaggarao
(Expert) 07 April 2011
When the covering letter from the sender of the cheque contains the full date, you can insert the date in the date column of the instrument and present the same for payment. The holder in due course can fill-in the date of the instrument. However, if the date is not put and presented for payment, the Bankers will not accept the same as it is an undated mandate which can not be acted upon.
Rajinder KumarAhuja9990725300
(Expert) 07 April 2011
No such cheque will be a valid tender. such cheques even if presented with date in different ink or writing can be rejected at all CTS centres.
