Validity of cheque under NI138
Sanat
(Querist) 03 January 2011
This query is : Resolved
Sir,
I have filed a case under NI 138. where decision comes against me.
The reason given is as under.
As the cheque given me (with out date) in the year 2003 and i have deposited it in the year 2006 after getting date & confirmation from the opposite party. It has been considered that as the cheque was issued in 2003 (blank date) it is no more valid in 2006.
My question is "What will be the right practice of calculating validity of cheque?
1.0 Date of receipt of cheque (blank date)?
2.0 Date actully mentioned on the instrument?
Raj Kumar Makkad
(Expert) 03 January 2011
6 months from the date mentioned on the instrument if no contrary provision is mentioned by concerned bank over the instrement.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 January 2011
The moment you have accepted that the cheque was recieved in 2003 and presented in 2006 , your legal locus standi is lost.
G. ARAVINTHAN
(Expert) 03 January 2011
case upset in limitation...................
Ahmed Daud Girach
(Expert) 04 January 2011
Limitatoin period is over as cheque issued in 2003 to you,as cheque number may disclose correct position comparing other chques in the same book
Jai Karan Nagwan
(Expert) 04 January 2011
Dear learned members,
I am in disagreement of all the opinion, at the sametiem not aware about the facts of case placed before this forum, but acceptance of cheque before six months is not always invalid in law, that depends upon the case to case. court shall examine every facts as to why the cheque is issued, it is obious that there was debt thats the reason cheque must have been issued. if the drawee has any collatral document or proves to the satisfaction of the court that cheque was issued as consideration of some bonafied transaction and this instrument was an collactral security for the performance of future promise. in that case court shall consider its validity from the date mentioned in the cheque, if drawer claim fraud, misrepresentation and undue influence, why legal action for recession of the instrument was not taken by the drawer or in the alternate the drawer has to prove that debt has been discharged and acknowledgement to that effect has to be produced in the court.
Please refer an good example when any bank gives loan, banks keeps the property paper as colletral security and as an caution takes undated cheque of the amount equal to the loaned money.
personal opinion without any prejudice.
Guest
(Expert) 04 January 2011
YOU MAY FILE APPEAL IN LIMITATION PERIOD TO THE HIGH COURT AGAINST ACQUITAL OF ACCUSED.
YOU MAY GET THE APPEAL DRAFTED WITH THE HELP OF LEGAL EXPERTS AND CAREFULY STUDY THE JUDGEMENT AND MENTION ALL ERRORS IN THE SAME AND SUPPORT BY LAW POINTS.GOOD LUCK.
REGARDING BLANK CHEQUE ,COMPLAINENT SHOULD NOT ADMIT THAT BLANK CHEQUE HE HAD TAKEN.IT IS VITAL TO DECIDE LEGALY ENFORCEABLE DEBT AND VOLUNTARY ISSUE OF THE CHEQUE.
KINDLY SEND DETAILS FOR HELP.GOOD LUCK.
Vinod Singh Tomar
(Expert) 05 January 2011
Mr. Rajkumar Makkad has replied as per the provisions of N.I. Act,1881 (as amended) till date and he is right in his answer to the relevant question.
R.Ramachandran
(Expert) 09 January 2011
Dear Mr. Vijayendra,
Please indicate you go with which experts - because the views of experts are divided here.
