1. Yes, you can do so.
2.Yes
3. It can be deposited now if the cheque is undated.
4. Cheque is enough.
Cheque details before deposit, new cheque related laws
Good day sirs, my cousin brother borrowed total of Rs 555000 , in which he gave a me a cheques and pro note , no dates in it. 2019 , he borrowed 1 lakh he gave cheque for 1 lakh along with pro note , he didnt not pay interest then later buy till 2022 he borrowed till 500000 stating he will pay 2.5 percentage monthly interest , till date he doesn't pay interest single amount , evey time when ask him he says reason, now he threatens me , he will not pay , currently i am suffering kidney issues , i need money for treatment . he is local politician, he defaulted many people by not paying rent , he involved in drugs smuggling , he got arrested but now got escaped from the case , the case was closed . really wonder how he got escaped. i need following details bbb1]can i write the name in my hand and deposit the cheques , will it be a problem if the signature and ink differs from my name [ he wrote the amount and signed his signature] 2]some transaction i recorded calls also while i gave in cash , can i deposit whole 600000 . despite different banks, 3]what are the new rules for cheque bounce, I heard we can deposit with in 3 years date , generally what is the validity 4] do I need to prove with bank statement or just cheque is enough.
Asked 2 months ago in Criminal Law
Religion: Muslim
11 Answers
1. Since, the said cheque is issued by him after sign on the same, then it is not mandatory to fill all the details on the cheque by the drawer.
- You can fill the said cheque by yourself or some other person for presenting the same in the bank.
2. Yes, you can use one cheque with the said amount
3. The validity of cheque is only three months from the date mentioned in the cheque
- Three years date is for recovery cases and not cheque bouncing cases.
4. If the cheque bounce then you must take Return memo from the bank with the reason of bouncing of the cheque.
Once blank cheque is issued it authorises you to fill in the details
cheque has to be deposited within period of 3 months as validity of cheque is 3 months
you need to prove that debt is due and payable .enclose bank statement in case you have file case under section 138 NI
1. You can fill up the details in your own handwriting and it will not an illegal or invalid act.
2. You can decide based on the situation.
3. The validity of the cheque is three months from the date of cheque.
4. The bank statement will be supporting evidence
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. My team has dealt with various disputes of such nature. You can go ahead and deposit the cheque in bank and by only presenting the cheque in bank, it can add pressure on him. Pro Note is valid evidence to prove your case in Cour of law. No one is above the law. Let me be clear - no one is above the law. Not a politician, not a priest, not a criminal and not even a police officer. We are all accountable for our actions. As per guidelines of Reserve Bank of India (RBI), the validity period of cheque from the date of issue is 3 months.
A cheque bounce, also known as a dishonored cheque, occurs when a cheque issued by someone (drawer) cannot be cleared due to insufficient funds or any other reason in their account. In India, the Negotiable Instruments Act (NI Act) governs cheque bounce cases and Cheque Bounce Case Procedure pursuing legal action.
After the cheque gets dishonoured, a legal notice should be sent by way of R.P.A.D. to the drawer of the cheque through an advocate within 30 days from the date of the cheque return memo. Demanding the amount of the cheque within 15 days from the date of receipt of the notice.
When the drawer fails to repay the amount within 15 days from the service of the notice, the receiver can file a criminal complaint against the drawer u/s 138 of Negotiable Instruments Act, 1881. The complaint must be filed before the Magistrate within 30 days after the expiration of 15 days from the service of notice.
The affidavit is filed and attached to the complaint. The Court examines the original documents and checks for validity and limitation of the complaint filed. The complaint can also be filed by the power of attorney of the complainant. After satisfaction, the court issues a summons against the accused, and the case is tried as a summary criminal proceeding.
When the accused presents himself before the court, the court asks the accused to furnish surety and to submit bail bonds, in order to make certain that the accused will remain present on every date of the proceedings. The plea of the accused is recorded, and particulars are framed.
At the stage of evidence, the complainant files all the original documents before the court, followed by an examination in chief and cross examination of the complainant. The complainant can give further witnesses if he wants to; otherwise, the evidence of the complainant is closed.
Section 139 of the Negotiable Instruments Act, 1881, provides presumptions in favour of a complaint. Accused can rebut the presumption by taking a probable defence. After competition of complainant’s evidence, statement u/s 313 of Code of Criminal Procedure, of accused is recorded. Accused can give his witnesses if he wants to.
After closing of evidence of both sides, arguments are heard by both parties and conducted by their respective counsels. Then the court pronounces judgement in open court. Furthermore, a criminal complaint can also be filed for early action and to build pressure on him.
After the amendment of 2002, the term of imprisonment was extended to 2 years, or the fine, which may extend to double the amount of the cheque or both.
You may contact my secretary to connect with me for clarification with documents.
It has to be deposited within 3 months from the date of the cheque
Dear sir, 2 cheques he gave , one was axis bank cheque , currently his account is not active which is for 1 lakhs , is it useful for filling criminal case, 2 nd cheque for amount 5 lakhs of ICICIBANK may be active, outof the total amont my statement has only amount up to 3.75 thousand , rest i gave him cash, if i subbmit my bank statement will it affect my case. also i didnt get interest till date , shall i claim for interest also or paid amount only ,
Asked 2 months ago
is there any way to make this case fast track , so that it completes with a year , or so , normally how many years this type of case takes court proceedings . on what ground the amount gets double. now today oct 29th, shall i fill the date as aug 05 2024. thank you sirs.
Asked 2 months ago
Present the 2 cheques
if cheques are dishonoured on presentation and said amount is due and payable issue legal notice to cousin brother to make payment within 15 days of receipt of notice
Cheque bouncing cases take 5 years to be disposed of
there are no short cuts
It is not your problem if his Axis bank account is not active, you can file a single cheque bounce case against him by putting both the bounced cheques in the same case. If the amount is not filled in the cheque then you can add the interest amount also till the date of cheque and get it bounced after which you can file the cheque bonce case under section 138 NI act.
These days all the cheque bounce cases are conducted mostly by the fast track courts across the country and you can expect the results within one year also, it depends on how your advocate follows it up
- You can present both the cheques before the Court even if his account has been closed.
- You can produce the said statement before the bank as a proof of giving him the said amount if that payment was gone to his account
- You should mention in the notice the said amount was taken by him as friendly loan.
- You can recover interest on the cheque amount , but the notice should mention only the cheque amount.
- You can file a civil recovery suit for the recovery of the cheque amount within a short period of time.