Validity of a Post dated Cheuqe.
Querist :
Anonymous
(Querist) 09 March 2011
This query is : Resolved
Sir,
For the purpose of a security, one person has given me a post dated(dated nil) chque 2 years back. And the same is mentioned in an Agreement.Since the understandings are not good between both of us, Shall I present the said chque for recovery of Agreement amount,mentioning the present date.
Amit Minocha
(Expert) 09 March 2011
what is the date of cheque mentioned in the agreement If agreement is 2 yrs old and date of cheque is stated as blank you may face some difficulty. If it says a PDC cheque, you may get advantage for the purpose of case of cheque bounce Negotiable Instruments Act. However, for the purpose of summary suit under order 37 CPC Since you have an agreement as well, there seems no problem.
Querist :
Anonymous
(Querist) 09 March 2011
Respected Amit Ji, Thanks for your immediate reply. But I am giving the words as it is as mentioned in the said Agreement for your information.
" The xxxxxxxx is handing over one signed cheque to Sri.......for filing the date on it and to mention the amount both in wods and figurs on it, for the amounts due by Sri......to Sri..... as per clause... of this agreement."
Guest
(Expert) 09 March 2011
What was the purpose of giving cheque for such a long date of future? That is important. Validity of PDC depends upon the validity of the agreement and also whether the date in question was put by the drawer in his own handwriting or not.
madan kumar tiwary
(Expert) 11 March 2011
It appears from your query and wording of agreement , neither date nor amount is mention. Under 138 NI act, if a cheque is issued to discharge debt or liability , whole or in part. and cheque must be produced in bank within the period of validity . You give details of your case, whether the issuer of the cheque owe any amount for discharge of that liability he made agreement and handed over you the cheque. please provide details. we cant provide ant advice unless detail is provided. you people use to provide case matter in pieces that is the problem.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 March 2011
If I am on the opponents side the case will not stand.
Since cheque is a promissory note and a promise has to be definite. A promise can be made for a future date BUT NO PROMISE CAN BE MADE FOR AN UNSPECIFIED FUTURE DATE.
