I have given a 2 lakhs cheque on November of 2014 to my ex-wife and later on I have cancelled that cheque. I have clearly mentioned the date on the cheque as November 1st, 2014 but they never deposited that cheque until now. Now they are thereatining me to deposit the chque now and will file a cheque bounce case against me. My question is will the cheque bounce case is possible in this scenario.
Before they drop the cheque in a bank, lodge a detail police complaint with the true facts. Later if she gets the cheque bounced, you can show that it wasn't any liability but only a threat from your ex- wife.
Consult a attorney to assist you in vetting the complaint.
Pre emptive action is very important in the present matter. File a police complaint against her in advance, prior to her depositing the cheque. In case you do so after wards, it shall not serve much of a purpose.
But dont worry. She will still have to establish her case, even if she chooses to prosecute againsr you,.Next time she calls, record the conversation when she is extending threats.
You state that you had issued a cheque ion 1st November, 2014 which was more than one year back.
Cheque validity is 3 (three) months only and even if they deposit the cheque now, banks do not accept it and by mistake such cheque is presented by putting it in a drop box, the payee bank shall return the same as "Stale Cheque". If cheque is returned for the reason "Stale Cheque", it means that the Drawee of the cheque slept on her right and allowed the cheque become stale. After it has become stale, she does not have recourse to take action under Section 138.