Legal Question in Criminal Law in India

On 15.1.2005, I gave an undated cheque (Rs. 25000/-) along with dated cheque (Rs. 125000/=) (on religeous befief of one and half being inaspiceous) against a SBI part home loan which was not paid due to incompleted work by builder. later buidler recieved full and final payment from bank on 2.3.2003, but he did not returned those two cheques, so I instructed bank to STOP payment on breach of trust. Thereafter I left to abroad for 2 years on 5 sept. 2005.

Builder, filled dated of 30.08.2005 on undated cheque and tried to encash after 7 and half months from the date it was handed over. It bounced due to acount closed. He filed NI_138 case against me, but I being abroad did not recieved any notice. case started and led conviction.

Q: Is there any supreme court of India ruling on validity of cheques beyond six month from date it was given to payee, as this cheque was tried to encash 7 and half month after the date it was given? Please give link or reference of such SC orders.


Asked on 1/02/14, 9:09 pm

1 Answer from Attorneys

which place in india you belong to? we need to go through the entire case file to guide you better.

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Answered on 1/03/14, 12:27 am


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