P C GUPTA (Director) 06 May 2010

undated cheque-sec 138 of n i act

i want to the followng matter to be cleared.

I have issued 4 cheques undated alongwith the letter confirming issuing of the above mentioned undated cheques on dated 1.1.2000. alongwith the condition to be presented in the bank for encashment with the consent of the issuer of the cheque.

The receiver of the cheque have have presented these cheques by filing the dates on the cheque. The said cheques were return with remark stop payment by the bank.

Is the matter falls into perview of sec. 138 of n . i act. What will be the issue date will be considered. Do covernote date has anything to do with the validity of six months as specified in the section.

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4 Replies

Dharmesh Manjeshwar (Advocate/Lawyer) 06 May 2010

Well this is ur second post with the same facts .... as said before .... yes it will attract 138 N.I. Act ..... N rest of ur query has also been answered by me in ur other post ....

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 25 May 2010

Still there is rider if the accused can prove about the covering letter of conditions and no consent was taken than only no criminal action.

But these facts have to be proved in Court, only verbal is not sufficient.

I am of the view that if vigilant there is way out for cheque bounce cases, but hard real hard efforts have to be taken to assail the case of the complainant.