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Padmanabhan (Developer)     30 May 2010

Expired Cheque

Hello All,


One of my relative has given me a cheque dated 04.02.08 (as is) and amount is 32,000/- and they pleeded me not to present the cheque as it would bounce. Since they were my far relatives, I also didn't present it. I came to know from various forums/sites, its expired/statle and couldn't present.


Other than the cheque, I don't have any kind of edivence/proof. Will i able to sue them or somehow please do help / advice me the ways to get the money back from them.


Please do let me know your expert opinion/advice accodingly.


Thank you very much!

Paddy



Learning

 6 Replies

V. VASUDEVAN (LEGAL COUNSEL)     30 May 2010

Yes you can sue them. However, criminal prosecution under Section 138 of the Negotiable Instruments Act cannot be initiated at this stage. You send a proper Legal Notice, setting out the facts and demanding settlement by a fresh cheque/DD within a month. If this notice is not complied in due course, you can file the suit. As per the Limitation Act for filing civil proceedings, the matter is well within the limitation and do act expeditiously.

vasudevan

Padmanabhan (Developer)     30 May 2010

Dear Vasudevan Sir,


Thank you for your advice! I would proceed the same with the local lawyer here.


Thank you very much for your expert advice!

Paddy

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     30 May 2010

Even though  the facts are true, the case is not in your favour unless you get endorsment on the date colum by the maker of the cheque.

Padmanabhan (Developer)     30 May 2010

Dear Janardhana Reddy Sir,

 

Thank you for your opinion/advice.


What do you mean by "endorsment on the date colum by the maker of the cheque."


I am a lay man, could you please explain it non technical term?


Thank you!


Paddy


(Guest)

The time for civil suit has not expired as said by Mr. Vasudevan.  Hence follow the procedure suggested by him.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     30 May 2010

The cheque is valid upto 6 months from the date of issue, now you need a signature on the date place to correct it to validate for todays date.(Making another date by cancelling the old date)

ENDORSMENT  means signature of acceptance for the date correction.


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