Cheque bounce due to closed account
vijay
(Querist) 09 December 2017
This query is : Resolved
in the 2011 i issued cheque to third party without mentioning date but i filled the amount.in 2014 i closed the account.
till now the third party did not depoit the cheque in bank for collecting the amount. in any manner the third party can file a criminal case on me.the third party is running finance company,,,,i alreay paid the amount in cash,,but i forget
to collect the cheque.....he is black mailing with the cheque,,,,
Guest
(Expert) 09 December 2017
You said you have filled amount in 2014 what about the date please
Guest
(Expert) 09 December 2017
Any cheque would be valid only for 3 months from the date mentioned in it.
Guest
(Expert) 09 December 2017
Legally the pronote is valid for 3 years only
Guest
(Expert) 09 December 2017
Discuss with local advocate with all details and if he advises you could serve legal notice to them.
vijay
(Querist) 09 December 2017
I NEVER FILLED THE DATE.I CLOSED THE ACCOUNT IN 2014.
Guest
(Expert) 09 December 2017
Better Discuss with local advocate and serve detailed Notice at the earliest.
Sudhir Kumar, Advocate
(Expert) 10 December 2017
by giving a cheque and then closing the account shown your intention not to pay the dues.
if there are no dues towards you on the date of closure of account then you were not to pay anything and the company having the cheque was "holder " but not "holder in due course"
I company had some claim on you and still you closed the account then you can be hauled in cheating case.
A. A. JOSE
(Expert) 26 April 2018
Kindly note that it is a settled legal position that even if cheque bounces on account of closing of Bank account, proceedings under S.138 of N.I. Act is tenable and as such that defence is no more viable.
