cheque bounce

dr subodh kumar (Querist) 06 December 2009 This query is : Resolved
Is the law different in case of bounce of recently issued cheque and bounce of a post dated cheque issued to the drawee long before(say 2 to 3 yrs) but presented within the valid 6 month period from the date on cheque?
If the law different then will bouncing of PDC attracts less punishment to the defaulter or case cannot be filed under IPC 138?
Pl let me know the legal implication of bouncing of a PDC issued long before.
Thanks

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A V Vishal (Expert) 06 December 2009
It is not material as to when the cheque was issued in case the same has been issued in lieu of a legally enforceable debt or liability and the same has been sent for collection within the valid period. It attracts the same penal provisions as it would had been in normal circumstances.

Adv Archana Deshmukh (Expert) 06 December 2009
The limitation of 6 months for the validity of the cheque starts from the date on the cheque and not from the date on which it was actually given. So if it was given for a legally enforceable liability, it will attract S.138 NI, if dishounored.

Poonam Upadhyay pathak (Expert) 06 December 2009
IT is immaterial when the cheque was given and the actual limitation of 6 months for the validity of the cheque starts from the date which is there on the cheque. And when dishonoured will attract the Sec 138 NI Act.

joyce (Expert) 06 December 2009
Meaning of post dated cheque it self say that wait n honour the cheque at proper time as mentioned in the cheque. So when proper time mentioned in cheque exists and with in six months of it is presented at bank and get bounced it attracts 138 NI Act. So there is no any diffenerance in law as to the bouncing of cheques.

Guest (Expert) 06 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 9271971251

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE CHEQUE DISHONOURED KINDLY NOTE THAT

1.DISHONOURED CHEQUE WHICH WAS ISSUED TOWARDS LEGALY ENFORCEABLE DEBT ATTRACTS PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT SEC.138. PUNISHMENT PROVIDED IS AS PER AMMENDMENT TWO YEARS AND COMPENSATION AND FINE.
2.KINDLY NOTE THAT AT THE TIME OF ISSUE OF CHEQUE THERE SHOULD BE LEGALLY ENFORCEABLE DEBT.THEN DISHONOUR OF SUCH CHEQUE ATTRACTS PROVISIONS OF N.I.ACT.SEC.138
3.KINDLY FURTHER NOTE THAT BLANK CHEQUE ISSUED BEFORE TWO / THREE YEARS AND NAME DATE AND AMOUNT WRITEN BY THE COMPLAINENT
AND GOT IT DISHONOURED THEN ,KINDLY NOTE THAT BURDEN OF PROOF LIES ON ACCUSED THAT BLANK CHEQUE WAS ISSUED AND THERE WAS NO LEGALY ENFORCEABLE DEBT AT THE TIME OF ISSUE OF CHEQUE, THEN SEVERAL CITATIONS ARE AVAILABLE THAT ACCUSED WAS ACQUITED.

YOU MAY KINDLY SEND DETAILS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Raj Kumar Makkad (Expert) 06 December 2009
The opinion of all experts is common on this subject so how can I be different from them so I ratify their opinion.

surender singh (Expert) 07 December 2009
Dr. saab i am of the same opinion as given by the experts above. i hope your query is well answered.

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