Section 138 of n.i.act

Querist : Anonymous (Querist) 22 August 2011 This query is : Resolved
Dear all,
A cheque was presented to the payee's bank on the last date of its expiry and the said cheque reached to the drawee bank after the expiry date, can drawee bank refused to make payment? Should it be considered as cheque was presented with in time ? Presentation of cheque means presented to the payee's or on the date which payee's forward its claim to the drawee bank

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Devajyoti Barman (Expert) 22 August 2011
Once the cheque is presented for encashment within time subseqent lapse of time to reach the bank of the drawer is no consequence.

ajay sethi (Expert) 22 August 2011
i agree with mr barman it is immaterial when it reached drawer bank . what is of importance is whether it was presented by payee within validity period to its bankers

K.S.Srinivas (Expert) 23 August 2011
Agreed with Mr.Barman.

prabhakar singh (Expert) 23 August 2011
can drawee bank refused to make payment?
NO. NOT AT ALL.

Should it be considered as cheque was presented with in time ?

YES ,ALWAYS AND EVER

I FIND IN COMPLETE AGREEMENT OF OPINIONS EXPRESSED BY TRIO EXPERTS.

DEFENSE ADVOCATE.-firmaction@g (Expert) 23 August 2011
Yes the bank where the cheque did not reach in time has all the right to refuse payment., and it will be refused.

girish shringi (Expert) 27 August 2011
I do agree with experts.

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