Undated Security Cheque
Total Replies : 2
Kashinath Karekar  05 April 2019We r a Housing Society and one member who has defaiulted on monthly maintenance payments for last 18months, has given a security check against assurance of payment by NEFT by a date. We have the letter to this effaect.
If he again defaults then can we put a date and bank the cheque. if this check bounces can we initiate action under section 138?
R we legally right in taking such action
Thanks
Kashinath Karekar
In a word..yes
The important aspect of 138 is, if the cheque is issued in discharge of legal debt, similar was held in 2016 judgement of Narayana Menon.
that letter of your will help you further to prove the debt.
Satyam
satyammishra181@gmail.com
