YOU JUST CAN'T FILL ANY DATE ON AN UNDATED CHEQUE WHENEVER YOU WISH AS PER YOUR CONVINIENCE .... THIS CAN BE EXPLIANED BY THESE CASE LAWS
CASE LAW: IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.11.2006 CORAM: MR. JUSTICE S. TAMILVANAN Crl.R.C.No.1439 OF 2004 Ramakannan Versus Chettiar and Co.,
Under Section 138 of the Negotiable Instruments Act, as the validity of a cheque is only for 6 months from the date of issuance, the implied authorisation for filling up the cheque should certainly be within the limitation of six months and not more than the period of limitation. As it has been proved that the undated cheque was handed over one year and six months prior to the date of the cheque, I am of the considered view that the dishonour of the same would not create any criminal liability on the revision petitioner/accused.
M/s.Cement Agencies rep. By its managing partner, Vijayawada vs. Vijaya Babu and Another (1997(4) Crimes 273) rendered by the Andra Pradesh High Court, wherein the Honourable High court of Andra Pradesh has held as follows:
IN THIS CASE CHEQUE WAS PRESENTED AFTER FOUR YEARS FROM BEING HANDED OVER TO THE COMPLAINANT.AND WAS HELD THAT:
"If time barred cheques can be encashed even after the expiry of the specified time, it will create so many anomalous situations which are likely to be used by unscrupulous litigants. For all these reasons, the appeal fails and it is accordingly dismissed.
" THE ICAI STUDY MATERIAL: https://resource.cdn.icai.org/38519bos28158mod1-cp2.pdf PAGE 32 : A BANKER WILL BE JUSTIFIED TO DISHONOUR A CHEQUE IN THE FOLOWING CASES (1) IF A CHEQUE IS UNDTAED {Griffiths v. Dalton (1940) -2 K.B 264}
In the Case of "Griffiths v. Dalton (1940-2-KB 264)" the facts of the case are that the cheque was given to the plaintiff in August, 1931, and that time bore no date. Nothing was done with it until February, 1933, when the plaintiff filled in the date of the cheque February 20, 1933. He then presented the cheque for payment at a Brighton Branch of the Midhand Bank, but it was dishonoured and he filed a suit and it was held as follows:- "Although the cheque in the present case bore no date, the plaintiff, by S.20 of the Bill of Exchange Act, 1882, following what, I think, was the common law before the passing of that Act, had a prima facie authority to fill in the date, but by the common law he was bound to do so within a reasonable time. The question what is a reasonable time is a question of fact, and on the facts of this case I am satisfied that the reasonable time had long since elapsed. There was therefore, no authority to fill in the date as it appeared on the discussed cheque and no liability on the bank to meet it. The claim on the cheque fails.
" HENCE GIVING AN UNDATED SECURITY CHEQUE PLEASE KEEP A COPY TO PROOF THAT YOU GAVE AN UNDATED CHEQUE GET IT SIGNED BY THE PARTY AND ALSO ASK HIM TO MENTION THE DATE ON THE COPY OF CHEQUE AND COUNTERFOIL OF CHEQUE
In the case of 
