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unnikrishnan (branch manager)     14 April 2014

Cheque of non existant date

Sir,

    if a cheque pertains to non existant date say 30/02/2014 is valid on the preceeding valid date that is 28th february 2014

what is the section pertaing to it in negotiable instruments act or any other act

 

i want to be clear about it

 

Thanking u



Learning

 15 Replies

VINOD VERMA (C E O)     14 April 2014

AM ASLO IN THE SAME POSITION, SOMEONE ISSUED ME WITH A CHEQUE DATED 30/02/2014, CAN THIS CHEQUE BE TAKEN AS VALID ON THE FURST DAT OF MARCH 2014, PLEASE ADVISE, OR WILL THIS CHEQUE CAN NEVER BE ENCASHED.

Dr J C Vashista (Advocate)     14 April 2014

The cheque should be of the same or pre-dated (within 3 moths) and not post-dated on the date of presentation, on being dishonoured it attracts the provisions of Section 138 N I Act and 420 IPC.

Isaac Gabriel (Advocate)     14 April 2014

It is non-est in the eye of law.

unnikrishnan (branch manager)     14 April 2014

Sir,

     as the cheque is a valid instrument how it can become invalid only because it bears a non existant date.why it does not treat it  as valid on  the preceeding valid date that is the last day of that particular month in which the date is written.the NI Act clearly say that the cheque do not become invalid even if it is ante dated so why does it treat it as antedated cheque and present it on the next working day that is first day of next month

some of the foreign laws pertains to negotiable instrument also validate the same reason .but i do not find any relevent section in the NI Act 1881

RAJU O.F., (Advocate)     14 April 2014

If otherwise in order, the cheque presented on or after 01-03-2014 and  before 30-5-2014 can be paid.

T. Kalaiselvan, Advocate (Advocate)     14 April 2014

Since that date is not in existence, the cheque can be presented on the immediately  following date

Advocate Bhartesh goyal (advocate)     15 April 2014

Due to non existence of date,cheque can not be said invalid,it can be present for encashment on next following date.

Prasun Chandra Das (Banker)     15 April 2014

Agree with Adv Raju O.F. that the chq can be passed on or after 01.03.14.

 

But beware, as the general practice amongst most bankers is to return the chq with the reason "invalid date"

S K KARNjhc (Legal Adviser)     18 April 2014

I'm quite agree with Mr Gabriel sir saying the matter to be  non est factum .

In the sense what is done, is by mistakenly done.

malipeddi jaggarao (retired banker)     22 April 2014

I differ with the opinion of some experts.  The cheque is not valid because of the following provisions in the NI Act:

Section 118 - Presumptions as to Negotiable Instruments

 

(b) as to date. - that every negotiable instrument bearing a date was made or drawn on such date;

Nobody can be presumed that the cheque is drawn on a non-existing date.  Hence it is not valid.

unnikrishnan (branch manager)     22 April 2014

Dear sir,

i agree with you for the section 118 relating to presumption as to date

first let me tell you that the presumptions are only presumptions e.g, section 118 (f) that lost promissory note ,bill of exchange ,or cheque was duly stamped .- but stamping is not required for cheque

and section 120 estoppel against denying original validity of instrument -which clearly tells that no one is permitted to deny the original validity of the instrument as originally made or written

another thing as per section 137 NI Act the law of any other country regarding B/E,P/N,Cheques shall be presumed same as in india unless and untill contrary is proved

Section 13(2)Bill of Exchange Act 1949 which is a ACT OF MALASIA a bill is not invalid by reason only that it is ante dated ,or post dated or that it bears a date on sunday -now we can decipher the last sentence as if the cheque date is 30 th day of february (imagining) comes to sunday the cheque beomes valid as per section 137 of NI Act

I do not know if i am correct or not kindly correct me if i am wrong. whenever i visit the legal sites of other countries they all give validity for the same

VINOD VERMA (C E O)     06 May 2014

will someone please guide me, am holding cheque of 30-02-2014, issued to me by someone  whom I had made payments earlier by cheques from my account. for the same amount. Can I present this cheque through my bankers before 30-05-2014 or earlier for encashment. in the vent of bouncing, can I sue ther person under 138 NI Act and also 420 IPC; please, please clarify at the earlierest; if some is in the knowledge of some similar case having happened, the citation of the same will be highly appreciated.

Dr J C Vashista (Advocate)     07 May 2014

As stated by you that "...am holding cheque of 30-02-2014,...."  I think since times immemorial the date of 30th Feberuary has never come and may never come, is not it?  Therefore, it is a hypothetical and concocted query, stop this thread.

VIcky John (Owner)     07 May 2014

Hi I have one cheque which is out dated so can i report any police stataion or not please let me know


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