Mr.Bhardwaj
Please don’t rely on ‘we for you’s’ advise. They don’t know the basic legal knowledge how to advise or how to send a massg in one of the best site ‘Lawyersclub’. They are misusing this website by giving incomplete feedback. If you see their profile every day they are registering one profile. I request Lawyersclub to throw them away in the membership card.
Now come to your point:
You have mentioned the name PDC-Post dated cheques. Every PDC cheque will contain the future date and signature. It has to be deposited after the due date only, during the time this kind (PDC) cheques can be called as ‘Bill of Exchange’ and cannot be considered as a Cheque in the eye of law, in this effect the Hon’ble Supreme Court also held very clearly. Please note that PDC cheques cannot be enchased prior to its date mentioned on it.
In your case prima facie case itself is disputable, on the other hand drawer has issued written communication for not to deposit the said cehques until settle the dispute.
In that case how can you present/deposit the PDC cheque even after written communication from the drawer. Which is admissible evident to the court even if you sue against him. Hence your case would not stand in the court of law.
My advise is that please sit, discuss and settle the matter as amicable. If you want to litigate the matter I think you wont get any thing expect traveling to the court and advocate office, and 2 or 4 years time would require to settle your problem in court, please avoid and close the issue at the primary step.
