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(Guest)

Validity of cheque

WHAT IS THE VALIDITY OF A CHEQUE ISSUED 18 MONTHS BACK WHICH WAS UNDATED.... SUPPOSE IT BOUNCES TODAY AND THE PARTY ITSELF WRITES THE DATE ON IT... AND FILES A CASE UNDER N.I ACT CAN IT COME UNDER THIS PROVISO: the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;


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 8 Replies

R.Ramachandran (Advocate)     05 January 2018

The validity of cheque is 3 months.


(Guest)

I ISSUED THE CHEQUE IN OCT 2015 WHICH WAS UNDATED HAD MY SIGNATURE AND AMOUNT SO TILL WHEN IS IT VALID....

R.Ramachandran (Advocate)     05 January 2018

What do you mean by issued in Oct 2015, and then saying undated?  Do you mean to say that though you did not put the date on the cheque, but your signature on the cheque contains date?

If it is undated, but duly signed (without date) will not someone be able to put the latest date to bring it within limitation? 

 

Advocate Bhartesh goyal (advocate)     05 January 2018

Blank cheque issued means drawer has given an authority to drawee to fill the blanks of cheque as per his wish and use the same so

R Trivedi (advocate.dma@gmail.com)     05 January 2018

Vishal Kumar, under S.118(b) of NI Act, there is a presumption about date stated on the cheque, but this is rebuttable presumption. So if you can prove that the cheque was delivered prior to 6 months, then no case is made out under S.138. But Hon courts erroneously presume that the authority is there with the payee, no it's not there. No court has understood or attempted to clarify what is "date of drawn" , it is actually date of delivery (S.6 of NI Act).
1 Like

(Guest)

thank u so much mr Trivedi you have given me so much assurance....
does this rule apply in case of legal debts also 
for eg i purchased goods for cheque which was undated and issue of cheque was more than 6 months i can prove it....
in that case also no case is made out please help again....

Kumar Doab (FIN)     06 January 2018

You can benfit from all advices in the thread.

The cheque mentioned in loan agreement or collected for payment of debt !

GO thru all communications/agreements/acknowledgments of cheques submitted or collected.

If the debt is fully paid write under proper acknowledgment to supply FnF statement, NOC and unused cheques .

Kumar Doab (FIN)     06 January 2018

Don’t give blank/undated…..but signed cheques in future.

Obtain acknowledgment on photocopies of filled in cheques and also on photocopies.

Thus you can check alterations, if any, easily.


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