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Arun Patel (CA.)     12 August 2012

Non micr cheque

My Querry is as under:-

I have received a cheque of Rs.20Lakhs in the year 2007 in my favour. The said cheque is:-

1) NON MICR cheque.

2) Not Dated.

3) Signed by the Issuer.

4) My account is with SBI.

Brief Fact of the case:- The issuer had requested me continously not to deposit the cheque as he dont have sufficient balance in his account. I waited for more than 5 years and finally I decided to deposit the cheque by puting today's date so that if the cheque gets dishonoured I can take legal action u/s 138 of Negotiable Instrument Act. 

But when I approached the bank for depositing the NON - MICR Cheque, the bank refused to accept the cheque, stating that the cheque is old and they will not accept the same as it is NON-MICR cheque.

Kindly suggest me what action I take now, Because if the cheque untill the cheque is not dishonoured, I Cant take any legal action.

PLEASE SUGGEST TO RECOVER THE SAID AMOUNT.

THANK YOU VERY MUCH...



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     12 August 2012

You waited for 5 years, it is your mistake.  You request your party to  another cheque as a security.  Except this you don't have another choice.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     12 August 2012

This is a time barred debt morever no body will believe that you waited so long for your money..

For other learned experts please tell from when MICR  cheques are introduced.

v.lakshminarayanan (prop)     30 September 2012

dear member

i am astounded - the amount is huge and please tell me what happened for 5 years?

you can only issue a notice to the drawyer asking him to settle the amount otherwise. even a civil suit may be time barred.    

atleast is the liability of the drawyer proved by your records?

thanks

yours

v.lakshminarayanan

palani


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