Basavaraj (Asst, Manager-Legal) 02 June 2010

Can PDC Cheque present before to iits prior date

Dear Members,

Please clarify the below doubt with relevant citation.

A Company issued one PDC cheque dated 05-05-2010 to B Company on 30-04-2010, B Company has presented it for payment prior to the cheque date on 02-05-2010. The said PDC cheque has got bounced with reason ‘insufficient funds’ with bank memo dated 05-05-2010. Legal notice had served on the B Company stating that ‘you have issued a cheque’ A Company (conceal) won’t mention about PDC cheque in their notice but A Company will defend as Cheque rather than PDC cheque even in the Complaint (PCR) before the court of law.

Questions

1. Whether PDC cheques can be present prior to the date? (PDC cheque bounce on 05-06-2010, cheque date 05-06-2010)?

2. Can A Company defend as only Cheque rather than PDC cheque?

3.What would be the relief for B Company form the above 2^nd question?

I request all members to reply on my query.

Thanking you

BASAVARAJ.R

Reply Follow

6 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 02 June 2010

First of all you must mention that you are for complainant or accused.

The law does not work on exact mathamatics and so there can not be citation for every siatuation, so you must concentrate on basic provisions of law.

In above case even though it is PDC in your opinion but it is not PDC from bank point of view, hence they have sent memo for the date of cheque not earlier. So it is no more PDC cheque.

The holder of the bounced cheque can file case under NI.138 if the cheque was issued for legal dues.

N.K.Assumi (Advocate) 02 June 2010

A cheque otherwise valid does not become invalid simply because of the reason of its being either post dated or ante dated. Since the cheque has been bounced file a complaint before the Metropolitian magistrate within one month from the date of cause of action.And as suggested by Firm Action Group, no need for citation though there are galore of citation on the subject.

Basavaraj (Asst, Manager-Legal) 02 June 2010

Dear FIRM ACTION GROUP

Thnaks for your reply, pls note that I've not asked for your feedback on me. However you have not understand my basic question. I know that law does not function on exact mathamatics for you only and so there can be citation for my query (already I got it I will forward you soon), so you aslo concentrate on basic provisions of law and basic knowldge to forward massg/feedback.

my question is that whether PDC cheque can present prior to the date?

i'm for complainant

bhupender sharma (head) 03 June 2010

no the same can not be presented prior to the date it bears.

pashyanti (legal manager) 11 June 2010

Dear We For You Group,

Pls. help me out in this matter.

Our co. is a tea company. The co. filed 33 cases of 138 on its suppliers/distributors. A huge amt. of money is involved in this & our owner wants to recover it. But many of the suppliers/distributors given us their wrong adresses. Therefore, we can't make any further progress in this regard. In some cases, summons were also issued. But everytime the report concluded that the accused is not resides in the address given by the accused.

What should we do now? Is there any other way to tackle these cases?

It is very greatful for me if you can help me out.

Regards

Pashyanti

harsh asthana (advocate) 11 June 2010

The banks can not accept post dated cheques for clearing as per RBI guide lines and also banking act You can proceed agaimst the said banker and can take a stand that arrangements would have been made at the time of regular clearing This case will not attract 138 ni act