Regarding cheques return

kishore (Querist) 06 September 2011 This query is : Resolved
sir...X given cheques to Y..but X paid cheque amount to Y...not through bank directly he given amount to Y....next X sended legal notice to Y after returning back his amount to Y....but Y is delaying to give cheques to X.....next X given lawyer notice to Y..to return back his cheques ...IN 2007 ...next Y replied through notice tat cheqyes are with him(Y)and but cheques are blank dated cheques..next X given notice to bank authorities not to encashment of cheques....but my doubt is tat how many years cheques valid after giving notice to Y..(blank dated cheques)...i hear through NIR act cheque valid 9 months only...now it is totally 4 years completed..next RIGHT NOW y IS TELLING TO RETUN BACK HIS MONEY WITH INTREST ...whether cheques are valid or not....

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PARTHA P BORBORA (Expert) 06 September 2011
A cheque must be en-cashed within 6 months from the date of issue of the cheque.

kishore (Querist) 06 September 2011
BUT SIR I HAVE GIVEN NOTICE TO HIM...i mean its chequeqe where its date is not mentioned whether i mean cheques can be dated from my notice time naa..i mean he given reply notice (Y) as he is having cheques.....so cheques is valid or not....is there any criminal act wen person having (Y) cheques from 4 years and misusing cheques...even bank account closed one year bank..

PARTHA P BORBORA (Expert) 06 September 2011
the cheques are invelid.

ajay sethi (Expert) 06 September 2011
i agree with expert partha that cheques are not valid .

Raj Kumar Makkad (Expert) 06 September 2011
I disagree with both experts. querist is repeatedly saying that cheque is undated. The validity of encashment of cheque is 6 months from the date mentioned therein and not issued from bank.

In the given facts, there is a flaw, You have not mentioned the entire reply of Y submitted by him against your notice wherein he admitted having cheque with him. Whether he had also admitted to return it as he has already received payment or not? whether he had admitted having received the payment against which said cheque was issued? Whether he in writing had received the payment and had issued any receipt against the same? Whether you had demanded the return of cheque while returning him loan amount?

ll these are relevant questions, the reply of which vests only with you so come with ll facts so that its accurate reply may be given.

ajay sethi (Expert) 06 September 2011
according to querist legal notice was issued in 2007 . in reply Y has mentioned that cheques are with him . in addition bank was informed way back in 2007 not to encash these cheques . the PNR number of cheques must have been given . further account has been closed for more than a year .

even if Y fills in dates today on these cheques and present them to bank it would not be valid . as per bombay high court judgement blank cheque is no cheque . even if 138 Ni filed , case would be dismissed

Guest (Expert) 06 September 2011
In fact this is a repeated question, but the querist is not able to express what he want to convey. His previous question was also quite confusing, where he stated that the chaque was encashed in 2007, as at the following link:
http://www.lawyersclubindia.com/experts/Regarding-bank-cheques-226601.asp

ajay sethi (Expert) 06 September 2011
i was not aware that this is a repeated query . would not have wasted my time replying

prabhakar singh (Expert) 06 September 2011
yes ,it is a repeated query.

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