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Harrassed _by _498a (Executive)     05 January 2021

Signed and unsigned blank cheque issued in year 2006

Respected Sir and Mam My mother is a widow she was taking loans during our childhood days for our studies and other expenses. she was working also. she had paid each and every bank loan. however there is one person who lends money on Interest per month 5% that is too high. now my mother is retired and also not well. this guy is having 1 or 2 signed cheque which he has not returned to my mother till now. and now giving threat that i have 1 cheque. in addition to this in year 2005 he asked my mom to take loan from a pvt bank where he brings the account opening agent at home  and we just discovered that in the cheque book out of which 6 cheque was missing from the cheque book. this account was not used by my mother and we also dont have any communication from the bank side in this regards ever in last 15 years.

kindly help us. my mother has paid approx 6-7 lacs rs in regards to 1 lac rs loan this is all done in cash transactions. there is no loan agreement.

 

are the blank cheque issued in 2006 valid till now ??

Regards

 

 

 

 

 

 



 5 Replies

Samayeta Bal   05 January 2021

Hello there,

No sir blank cheques issued in the year 2006 are not valid in the year 2021. The validity of the cheque is 3 months from the issue. 

You can go through the following articles and answers which are all related to your question and might end up finding the answer you were looking for.

https://www.lawyersclubindia.com/forum/blank-cheque-validity-112339.asp

https://www.lawyersclubindia.com/.../provided-signed-blank-cheque-127908. asp

https://www.lawyersclubindia.com/.../Section-138-validity-in-case-of-blankcheque-given-to-the-bank-at-the-time-of-loan-disbursement--552561.asp

https://www.lawyersclubindia.com/forum/validity-of-cheque-158231.asp

Hope I was able to answer your queries. 

 

Harrassed _by _498a (Executive)     05 January 2021

Mam thank you however the cheque was undated in 2006.

G.L.N. Prasad (Retired employee.)     06 January 2021

The material fact is that date of cheque stated in that specific cheque on date of presentation to the drawee bank and such cheques can be presented out of clearing through manual collection from the collecting banker which is valid.

If the cheques are found missing, that must have been reported immediately to the Bank that issued such cheque and when the missing came to the knowledge of drawer (Depositor)

GANDHI MOHAN BHARATI (Pensioner)     06 January 2021

I agree with Shri G.L.N.Prasad. A blank cheque can be dated even now on this date. Best will be to ask for stop payment of all such cheques

Harrassed _by _498a (Executive)     10 January 2021

There are old cheques which are not traceable so it is better to first file FIR and then gives instructions for stop payment so that it cannot be mis usee by someone. around 30 cheque books not all cheque are untraceble but no cheques nos details available


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