A customer of ours has issued a PDC cheque of substantial value that needs to be banked as per the due date. However the customer has written in ink the following on the backside of the cheque
"An email confirmation would be required from the VP of the comapny before banking the cheque"
My query is, in the event teh cheque bounces and we have to take legal recourse under Sec 138.
Will the statement written on the overleaf of teh cheque weaken our case.
Reagrds,
Shankar
Yes
yes, it will weak your case if you have presented the cheque in the bank before the receipt of the email confirmation. however, if you have compiled with the condition written on the back of the cheque, meaning thereby if you have banked the cheque after receipt of email confirmation from the vp of the company, it will make your case a strong one.
There may be points in your favour which will depend upon the facts and circumstances of your case. Please consult a nearest lawyer.
Written on the bank? Signed. If you don't have email facility, do you have to create it? How can such preposterous condition can be created? Tomorrow the drawer will write: Payee to come to his house with sweets to get confirmation.
For some points I agree with Mr.Agarawal,
Mr.Shiva Shankar S.K, your problem is stand on technically basis only. From my experience I would like to share my views that.
Thanks to Mr.Basavaraj,
Shanker sir, from the above advise you can settle your problem, everthing Mr.Raj jas quoted, it seems.
Please follow Mr.Raj.
I do agree with Mr. Basavaraj,.
I think what is written on the back of the cheque has no legal sanctity.