Vikas bhardwaj 12 April 2019

Expired cheque

Hi I had given a cheque with date written on it 14/08/2017 and had taken money from them(hard cash) and repaid that money a year late(hard cash) but they failed to give back cheque and claimed that they have lost it, but now a year later they have given a complaint in local police station claiming that I haven't returned any money... Can they file a case against me with that expired cheque... If yes what would be solution

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4 Replies

Anil Upadhyay (Lawyer) 12 April 2019

You can represent your facts to police, as the money was paid, so the cheque was not represented by the opposite person.. And note it is a civil matter and police cannot take cognizance..

SACHIN AGARWAL (ADVOCATE) 13 April 2019

It is a Civil matter and Criminal complaint is not maintainable in civil matters.

G.L.N. Prasad (Retired employee.) 13 April 2019

These are the usual tactics of crooks that have connections with police to make an attempt. If you are sincere then do not worry about the same. I do not know your profession and how you maintain your books of accounts. If you have been maintaining accounts of such transactions and have recorded it is enough. Without any document, even if he proceeds in civil matter, the case will not even be admitted. Be cautious in your correspondence and never reduce anything in writing or sign any document. Maybe this is a ploy to get your admission of such borrowing. Not presenting your cheque, not making a demand for correction of date after expiry is a strong point in your favor. Simply inform the police, if they are having a cheque let them present the same and this is a civil matter.