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Sanjaycase (service)     21 May 2013

Check issued with no date

In a deal with a party the other party has issued me a singed check with no date on it. Is it legal to accept a check with no date ?

Also in case after giving indication to the other party, if I deposit the check putting in the date on it and the check get dishonoured, can I proceed with section 138 case ?

My understanding is when Party is giving me a cheque with no date, the party is giving me an assurance to pay the amount mentioned on the check to me whenever I wish to encash it. Isn't it legally fine transaction ?

 

Please comment I do not know legal aspects much.

 

Thanks,

Sanjay.



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 May 2013

You can deposit into bank with filling the date. In case the cheque is dishonoured, bankers will give you a note along with cheque returned. Within 15 days of the dishonoured cheque you have to send a legal notice to other party by informing the dishonour. 

Sanjaycase (service)     22 May 2013

Thanks for the information.

Is it legal transaction if one party gives a signed check to other party without a date on it. I am checking because if I come accross a situation to file 138 case and other party proves that the check was given without a date, assuming that should not be a problem. Please confirm.

Thanks,

Sanjay

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     22 May 2013

Yes it will be a big problem . Since a cheque is valid for three months and so blank cheque is no cheque but it has to be proved which is job of a skilled advocate.

Sanjaycase (service)     22 May 2013

Thanks for the inputs.

Just to confirm: Even if the check has amount and signature if it does not have a date, is it considered as blank cheque if skilled advocate can prove that is was blank check ?

 

Thanks,

Sandeep

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 May 2013

Check cases are lost due to lousy defense.

 

Otherwise the check law is a technical law and it is easier for accused to win since it is very defficult for complainant for comply with all the legal requirements in the law.

 


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