Post dated cheque
Swapnil
(Querist) 11 April 2017
This query is : Resolved
Hello Friend I need your help on following situation.
I have given society maintenance post dated cheque to society office on 3rd April 2017.
Cheque Date was mention as 15th April 2017. Society has given me proper receipt for the same. Society Admin deposit my cheque on 8th April 2017. Bank has rejected my check and charge 405 rupees as fine. I have told this incident to Society Chairman. Instead of accepting admin officer fault he asked me why you have given post dated cheque? and from next please make sure to given us current date cheque.
I want to understand what our law said? Can i legally reply to society?
Guest
(Expert) 11 April 2017
Issue of post dated cheque for current dues should have been avoided. You could have postponed issue of cheque instead of issue of post dated cheque.
Swapnil
(Querist) 11 April 2017
Maintenance check is for April 2017 to October 2017 month and as per society notice members need to make a payment on or before 20th April 2017.
Guest
(Expert) 11 April 2017
When you had time to pay up to 20th April, what was the hurry to issue a post dated cheque?
Post dated cheque without any written instructions to present to your bank on or after 15 April was not justified.
Adv. Yogen Kakade
(Expert) 11 April 2017
If the cheque was dated 15th and deposited by the society on 8th, then it is the fault by the society and the amount of fine imposed by the bank has to be bourne by the society.
Rajendra K Goyal
(Expert) 11 April 2017
Send registered notice to society claiming the charges taken by the Bank for the fault of the society.
Guest
(Expert) 11 April 2017
I humbly differ with the opinion of Shri Yogen Kakade. Neither there was any urgency to give post dated cheque, nor the instructions were issued to the society to present the cheque on or after 15. April.
However, if the author feels it appropriate to take up cudgels against the society, he may try his luck in challenging the society, as per the advice of Shri Kakade, and ask the society for refund. But, he should also be ready to get paid in the same coin, when society puts its demand on him to pay the charges debited to society account by its own bank due to return of cheque.
Sri Vijayan.A
(Expert) 11 April 2017
Though the society has deposited the cheque negligently, i agree with Exp.Dhingra ji.
If the author would have given the cheque on current date or given clear instruction to the society, the penalty would have een avoided.
Swapnil
(Querist) 12 April 2017
At the time of payment I have clearly told account person about the post dated cheque and he has given me a receipt and mentioned post dated cheque date on receipt.
Guest
(Expert) 12 April 2017
There is a difference between telling and written instructions against a post dated written instrument. You have not stated, what was the urgency of issuing a post dated cheque, when had sufficient time for payment? You should have known that the accounts person cannot be all in all to decide whether and when to present cheque in the bank. Cashier/treasurer or the Secretary of the socierty were the right persons to be instructed.
Guest
(Expert) 12 April 2017
Sri Vijayan ji,
Thanks for agreeing with me.
Guest
(Expert) 12 April 2017
Usha ji,
Thanks for agreeing with me.
Advocate. Arunagiri
(Expert) 12 April 2017
The query seems to be a imaginary.
As the cheque is dated 15th April 2017, no bank will accept it for clearing on 8th April 2017.
If the cheque was sent for clearing on 8th, it is the fault of the bank, you can send notice to the bank and refer the matter to RBI Ombudsman.
Guest
(Expert) 12 April 2017
Arunagiri is the Director of Gemmia Oil Tech Ltd Suspended in BSE and SEBI for cheating the Indian Public to the tune of Rs.900 Crores and many Investors had committed Suicide also.(Posted in the interest of Innocent Querist)
Guest
(Expert) 12 April 2017
Agreed with Senior Advocate/Senior Expert Mr.P.S.Dhingra
Guest
(Expert) 12 April 2017
Dear Shri NJS Rajkumar,
Thanks for agreeing with me.
Guest
(Expert) 12 April 2017
Welcome Sir
Kumar Doab
(Expert) 12 April 2017
You have posted that:
“At the time of payment I have clearly told account person about the post dated cheque and he has given me a receipt and mentioned post dated cheque date on receipt.”
You have the right and document to argue and press.
Do you have acknowledgment issued by bank also with date and seal?
Rajendra K Goyal
(Expert) 13 April 2017
Some experts are expert in commenting on other experts.
I do not like any comment on other experts, if I differ any point I do so with proper respect and honor.
Rajendra K Goyal
(Expert) 13 April 2017
More vague / unwarranted / irrelevant / posts.
Neither it is a good habit nor requirement of the thread to comment on others.
Guest
(Expert) 13 April 2017
Your Anger Obviously confirms the Genuineness of your involvement as Silent Partner in Gemmia Oil Tech Ltd which had Cheated Indian Public to the tune of Rs 900 Crores and many Investors had committed Suicide also.The Involvement of your Partner and the genuineness could be Confirmed by visiting the BSE website.(Posted in the Interest of Innocent Querist)
Rajendra K Goyal
(Expert) 13 April 2017
Some experts are expert in commenting on other experts.
I do not like any comment on other experts, if I differ any point I do so with proper respect and honor.
Guest
(Expert) 13 April 2017
Exposure of Frustrations Appreciated.Better consult the Doctors please
Swapnil
(Querist) 13 April 2017
I would like to request all experts to stop this posting. I got my query's answer....
Thanks
Rajendra K Goyal
(Expert) 14 April 2017
I never initiate such comment / action, just try to contradict / reply when on me / on other experts in wrong way / unwanted / for satisfaction of ego.
Rajendra K Goyal
(Expert) 14 April 2017
It would be better if the expert would have posted / contributed for the thread rather to go on posting just to satisfy his ego / irritation / frustration.
Kumar Doab
(Expert) 14 April 2017
Dear LCI author@ Swapnil,
We are happy that you got your answer.
You are welcome.
