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Pawan (Service)     11 August 2010

Check issued without any legal liability to pay

Hi Everyone

I have purached the flat from promoter some time back. I have duly paid all the amount which is suppose to be paid as per agreement through bank loan. At the time of delivery of flat promoter has forced me to pay some extra amount without any right reason. I have been forced to pay for some stupid things like measurement , extra decoration which is not reality. In stead of going into an arguement with Promoter I have given him a check dt 01.05.2009 with a promise that i will pay by cash in future and he will retun the check back to me.

I was not in a mood to pay the cash amount, so the promoter has deposited the check before the expiry of validity period which got returned as i have given stop payment instruction in bank.

Till now he has not taken any legal steps. I have following doubts

a) can he still deposits the check dt 01.05.2009 in bank and take legal steps.

b) If I am not legally liable to pay him do i need to fear from him to pay money.

c) can i take legal steps to get the check back from him , as i have the proof that he is having a check signed by me. Bank statement will prove that he has submitted a check with got dishonoured.

Your advice will is required




 3 Replies


Mr.Pawan, the cheque is valid only for six months from the date of issue. Your cheque is dated 1st May 2009 i.e., more than a year has elapsed. The cheque lost its validity itself and the Promoter cannot now present the cheque at all. Even if it is presented it will be returned by the banker as a stale cheque.

Koumarish Bhattacharya (Advocate)     12 August 2010

As it is rightly observed by Mr. Gurunarayan Rao, a cheque can not be presented after 6 months of its date.

Further, no legal steps can be taken u/s 138 of the N.I. Act after 30 days since the presentment of the cheque and its dishonour.

Don't worry any more. Enjoy your flat.

MANOJ KUMAR JAIN (LAWYER -JOB )     18 August 2010

Under CPC ,he can file a summary suit for recovery of cheque amount within three year as he lost his oportunity to file case under Negoitable instrument act according to your query . Please note that whenever you recieve court summon ,immediatly consult your local advocate as you will have to file your appearance within ten days ,failing which , court may pass the decree against you .

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