Legal Question in Constitutional Law in India
post dated cheque
a builder give me post dated cheque before one month of dated 10-01-09, but he regularly tell me donot deposit the cheque because my a/c is empty. what is the legal for that wheather i should deposit the cheque in bank and wait to bounce or wait for depositing the money in bank toward buildersides.
what i should do please advise me.how i can get our money.
4 Answers from Attorneys
Re: post dated cheque
you can deposit the cheque and when the cheque bounce, u may send a notice to the builder to pay the cheque money and in case he doesnt do that, file a criminal complaint u/s 138.
Re: post dated cheque
You may take your decision depending upon your capacity to wait for the money and your personal/social relationship with the drawer.
It is not too late to wait. The court case may take long and may cost you unnecessary expense.
However, depending upon the drawer, sometimes the court case may expedite out of court settlement; but sometimes the recovery becomes very difficult.
Re: post dated cheque
You need to present the cheque within 6 months from the date on which it is drawn. Beyond 6 months it becomes stale and invalid. Hence you warn the drawer that you are going to present the cheque on a particular date and ask him to arrange sufficient funds to honour the same. Even if he pleads time, you go ahead and present the cheque on the date mentioned by you and inform him after presenting for collection.
Supposing the cheque gets dishonoured for want of sufficient funds you can either file a complaint for offence under section 138 of NI Act or file a civil suit.
Re: post dated cheque
contact personally with full details if possible (consulting chgs Rs 100/- only).
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