Civil Procedure Code (CPC)

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Sridhar (Engineer)     04 April 2011

Post Dated Cheque Validity and Cheque bounce

Dear Sir,

As a part of out of court settlement we received a post dated cheque dated 24/04/2011.

We withdrew our pending case infront of the state consumer forum in bangalore after receiving the cheque and the reason for withdrawal along with the cheque details have been mentioned to the court.In the final settlement agreement,we clearly mentioned that cheque will deposited on 24/04/2011.

Now we are trying to find out 

1.What is the last date before cheque gets expired.I am out ouf country right now and wanted to deposit the cheque when i am back? I heard that cheque is valid upto 6 months from the dated above.

2.Its a high value cheque 23lakhs.What options do we have in case the cheque gets bounced?

3.I gave power of attorney to my father to deal with any issues related to this case.Can he file a criminal case on the person who gave us the cheque?

 

Please let me know

Thanks



 6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     04 April 2011

well if the other side party is smart he / she can take you for ride in legal long streched proceddings.

Sridhar (Engineer)     04 April 2011

Dear Sir,

What do you suggest? I am prepared for the battle as our life savings are at risk here.We bought a flat and the builder is not in a position to register the property.Instead he gave us a cheque and as you said i am sure that he is smart enough to take us for a ride.

Please let me know.

Thanks

Vikas Nagwan (Legal Consultant)     04 April 2011

wait till you drop the cheque in your account i.e. 24/4/2011 and then proceed accordingly...

Sridhar (Engineer)     18 April 2011

Dear Sir,

Thanks for your advice.

Is there any timeline to file the case once the cheque bounces?

Thanks

Sridhar

bhushan singh charan (advocate)     19 April 2011

in myconsiderable opinion cheque is valid for six months fromthe date of its issuance  and as per ur qestion date is24 . 4 11  .  on or after 24 4 11  depost ur cheque with ur banker within six months  for relization of the same  incase cheque dishonured  intiate proceeding under the provisions of ni act  and so also for contept.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 August 2011

But whether the builder gave possession to you ,first tru to get possession.


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