Validity of a cheque issued from an old cheque book of ten years
anil bansal
(Querist) 28 August 2013
This query is : Resolved
sir, i was issued a post-dated cheque by someone from his personal saving account but now he is refusing to clear it. I confirmed from the bank regarding the account and cheque. His account is activated but that cheque was issued to me from an old cheque-book of ten years by that person intentionaly and now he is saying that if i draw that cheque in bank, he will complaint against me in police that he did not issued that cheque on the plea because that cheque is ten years old. My question is that what should i do ? Is that cheque is expired and have no validity? should i draw that cheque in bank? Please explain in detalis positive and negative points. Thanks.
Anirudh
(Expert) 28 August 2013
If the date on the cheque has been put by the person who gave you the cheque, and if the cheque had been duly signed by him, then whether the cheque is of 10year old or 1 day old will have no bearing. The validity of the cheque is from the date of the cheque and not from the date when the cheque book was issued by the bank to the account holder.
prabhakar singh
(Expert) 28 August 2013
A cheque leaf is not bad simply for being old.The validity starts from it's date of drawing.Present the cheque for collection.
If it is returned for deficient balance,
issue notice of demand and on non compliance file complaint of s.138 of N.I.Act.
In case it is returned by bank (hopefully it would not be done so)with note of being an old cheque,file FIR of cheating against him.
He played smart then, now trying smart.
Guest
(Expert) 28 August 2013
First of all, if you put the cheque for encashment in to the bank, that cheque would get dishonoured merely on the plea that the cheque does not relate to the new CTS system, as cheques of old system stand withdrawn from 01.04.2013 by all the banks.
Secondly, if the cheque has been drawn in his own handwriting and even if the bank honours the old system cheques within the same branch trnsactions, he cannot deny use of fresh ink if found on frensic examination. So, his complaint may become false.
But beware, if you have filled in the particulars in your own handwriting, his complaint may prove to be true about the use of stolen cheque.
Rajendra K Goyal
(Expert) 28 August 2013
Well advised by the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 28 August 2013
After introduction of new CTS rules, there remains no scope ofr acceptance of the cheque by the banker of the complainant so further question of bouncing do not arise.
R.V.RAO
(Expert) 01 February 2014
cheque validity is recently reduced by RBI to 3 months from earlier 6 months.
old or new cheque book has no relevance.
so if cheque is dated more than 3 months back ,you should refuse to accept,being an invalid instrument.
am sure the other party wants to play mischief.hence issued a cheque which does not comply to the new CTS form.
go ahead.deposit the cheque. likely to be bounced for reasons -like non cts cq/lack of funds in account, file case under sec 138 NI ACT( dishonour of cheque is cognizable offence) . no bail even.
Advocate. Arunagiri
(Expert) 01 February 2014
You say, the cheque is 10 years old, what is the date of the cheque?
