Undated cheques

Management Trainee

Dear all,

Can an undated cheque be filled up by a drawee who is in possession of the cheque without seeking the pemission of the drawer of that undated cheque ? Is there any provision of whereby before filling up the date on the cheque the drawee has to seek the drawers permission ????

Regards,

Sagnik Sanyal

 
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Advocate

the drawer must have given blank cheque as a security to the drawee. There, drawee has to fill in the amount which the drawer is liable to pay and the same has been admitted by the drawer. otherwise, the drawer needs to prove that the amount so filled in the cheque is worng and the drawee had done breach of trust.

if the drawer feels that the drawee is going to misuse the cheque then the drawer needs to give stop payment instruction to the bank.

 

simultaneously, drawer nees to communicate the same officially to the drawee of the cheque asking to reurn the blank cheques and the same shall be replaced by the cheque duly filled by the drawer.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

 
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simple solutions for criminal legal problems -- yourpunch@gmail.com

The matter will be relevant when the matter goes to court.

 

There are various judgements of higher courts in this matter., people try to fit these citations in every case and miserably fail.

 

Why because it the defense advocate who builds the case by skilfully planning cross and contradicting the evidence of the complainant.

 
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Management Trainee

Dear All,

Thank You for your answers. I will like u answer a particular question for me. CAN A DRAWEE FILL UP THE DATE OF AN UNDATED CHEQUE WITHOUT TAKING THE DRAWER'S PERMISSION ????? In a case I am trying to take the contention that before filling up the date in an undated cheque the drawee did not take the drawer's permission. Will this contention be valid ???

Regards,

Sagnik Sanyal

 
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simple solutions for criminal legal problems -- yourpunch@gmail.com

Many things work and look good in theory only and defficult to use them in practice.

Once the cheque is signed by the drawer it is implied that the authority it given to the holder to fill it up.

However an expert defense advocate even is such situation can turn the table by efficient cross.

How and in what manner it has to be achieved will deffer from case to case.

The drawback of the cheque law is that once the cross is over the courts speeds up the case and very limited time is available for defense to act.

 

 
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Accused in cheque bounce can be convicted and money be recovered .PROSECUTE PROPERLY. chequebounce1@gmail.com

You have to prove that the cheque was undated by soiid evidence only your statement will not be sufficient.

 
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The drawee has all the right to fill up the date on undated cheue without seeking anybody's permission and present the same for payment. It does not matter wthether the handwriting is obviously diffrent

 
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Accused in cheque bounce can be convicted and money be recovered .PROSECUTE PROPERLY. chequebounce1@gmail.com

As long as signature are all right the bank will pass or refuse the cheque depending upon balance in the account.

The issue will come in court and NEGOTIABLE INSTRUMENTS ACT do not permit the holder to put date on a blank cheque. But the accused has to prove that the cheque issued was blank.

 
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Management Trainee

Thank you very much for all the answers. I need to place the said views in front of the management, hence can any one quote me a section or a case law which clearly establishes that an undated cheque can be encashed by the drawee after filing in the date by himself or any section or case law hinting at a similar thing because the management will ask for something more substantial to verify the said point?  Thank you very much once again.

Regards,

Sagnik Sanyal

 
Reply   
 
Advocate

Dear Sagnik,

 

You may ask your Management to allow you to appoint an Advocate who could come to your office and explain the management properly about the liability on giving undated cheques or as such.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

 
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