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Rajesh Kumar (Manager)     30 April 2011

Post dated cheque and Agreement

Dear Advocates,

I have one friend who in-turn has another friend who is working in UK and want to my ancestral culitivation land in India, so I want to a do a wire-transfer and said that he will give MT 103 copy but before doing that he want me to give an an security cheque of the same amount to him as post dated cheque then only he is ready to do the wire-transfer. How can i believe him that he will do online transfer without fail and what type of agreement that I should write with him when he is expecting a security deposit cheque from him, what if he doesnot do the transfer and at some point, if he changes his mind to not to purchase and what will happen if he or my friend mis-use the cheque...

Please advice, if i need to give him the post dated cheque what type of agreement that I need to get sign from him.


Rajesh Kumar


 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 April 2011

`If your frnd's condition is like that you can write him a letter along with the cheque that this cheque is issued only security purpose .... , send the copy of the same to your banker and request them if it is received for collection thru., your frnd and any body do not honour it.... The same thing should also be informed to your frnd.,  Keep the received copy with you.

1 Like

Om Prakash Dhusia (HR assistant)     30 April 2011

I would opt for not to believe a man overseas for any monetary dealings or property transfer, even if he is my bossom friend as it is only the human being whose character is unpredictable ever. A friend becoming foe has all the probabilities in this selfish world, so please be cautious.

There is another problem, a cultivation land can not be sold/transferred to an NRI(Non-Resident Indian) for consideration either. You have to convert that land into barren on papers by greasing the palms of land department which hundreds of property developers have been doing in India.

Choice is yours.


pradip shah (partner)     30 April 2011

I agree with Mr. Om Prakash. AVOID such deal in your best intrest.

vaidyanathan (retired psu employee)     01 May 2011

Once issuing a cheque whatever the qualification or modification we do, adequate amount should be maintained in the bank so that the same is not bounced. Then only it will not come under sec 138 and 142 else succumb to cheque bounce criminal case

1 Like

Rajesh Kumar (Manager)     01 May 2011

First of all Thanks to all Advocates/Lawyers / Member community of this wonderful site..


 @ Rajeev ji - I like your suggestion, That like an ".........agreement/letter that this cheque is issued only security purpose ....send the copy of the same to your banker and request them if it is received for collection thru., your frnd and any body do not honour it....The same thing should also be informed to your frnd.,  Keep the received copy with you." but I have read others suggestions... most of them are encouraging... but question or clarification is need from you,. If you see @vaidyanathan sir comments. Is it contradicting with your suggestion.. If your suggestion is not contradicting and no loop holes then please what type of agreement (Memomrandum of Agreement or Memorandum of Understanding? What is the difference between?) should I write and value of the stamp paper?

@vaidyanathan Sir - Can you help me to clarify whether it is contradicting the suggestion provided by Rajeevji (Rajoo) or any loops that I need to take care?

Thank you all again.. Looking forward for your suggestions.

vaidyanathan (retired psu employee)     02 May 2011

Yes, I reiterate that once the cheque comes for collection, you sould have issued stop payment or any thing whatsoever, they do not come under the said section provided there is adequate balance in the account. Else, you are liable to face under above section.

Subsequently as Mr. Rajeev said youcan defend, you did so since being a conditional cheque which was not fulfilled etc.

Adv Reshma Bhikle (Advocate)     21 May 2014

hello friends can u give me case laws on condonation of delay in filing appeal under sec 29 protection of women under domestic violence act please. its urgent

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