Validity of the cheque
ANURAG GARG
(Querist) 10 September 2016
This query is : Resolved
suppose a cheque was missing/lost today and party inform the bank for stop the payment today of the cheque as reason for missing/ lost the cheque and bank stop the cheque payment party account then 3 month validity is count of the cheque. after 3 month received or found the cheque some body fill the date and present after 2 month of the date of such cheque whether any criminal/civil liability arise of the party who have lost the cheque.
Advocate Bhartesh goyal
(Expert) 10 September 2016
Cheques validity period always counts from the date of it's issuance so date of making stop payment to bank has no significance.drawer has to prove by cogent evidence that no debt/liability exists.
R.K Nanda
(Expert) 10 September 2016
Nothing to add more
Raj Kumar Makkad
(Expert) 10 September 2016
Though criminal complaint shall not be maintainable because date stands mentioned in cheuqe but civil suit for recovery is still maintainable, however, the plaintiff shall have to prove his lawful debt.
Guest
(Expert) 10 September 2016
Mr. Anurag,
Hypothetical academic query!
Where is the question of supposition, if you don't have any such problem?
Further, artificiality is clearly visible from your query, when you state, "found the cheque some body fill the date and present after 2 month of the date of such cheque." A question arises, how a third party could know when the cheque was lost to help him fill the date on the cheque?
Rajendra K Goyal
(Expert) 21 September 2016
Validity of cheque is counted from the date on cheque.
Strange, cheque was lost duly signed, without date.
The fact of loss of cheque and not existence of debt has to be proved beyond doubt.
Guest
(Expert) 21 September 2016
Continuous silence of the author for the last 10 days is clear proof that he dis not have any such problem, but posted only an academic query.
Rajendra K Goyal
(Expert) 27 September 2016
Please refer your following threads on the same subject, why new thread every time:
http://www.lawyersclubindia.com/experts/Cross-objection-u-s-245-617851.asp
http://www.lawyersclubindia.com/experts/Validity-period-of-cheque-617841.asp
http://www.lawyersclubindia.com/experts/Whether-fir-is-file-on-base-of-bank-manager-letter-616376.asp
http://www.lawyersclubindia.com/experts/Cheque-dishonored-charges-614801.asp
http://www.lawyersclubindia.com/experts/Signed-blank-cheque-missing-613666.asp
http://www.lawyersclubindia.com/experts/Missing-lost-my-cheque-613611.asp
