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.


Asked on 1/23/09, 6:21 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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.

Read more
Answered on 1/23/09, 7:26 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

Read more
Answered on 1/23/09, 7:32 am
Prakash Yedhula Judis Associates

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.

Read more
Answered on 1/23/09, 7:48 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: post dated cheque

contact personally with full details if possible (consulting chgs Rs 100/- only).

Read more
Answered on 1/25/09, 11:06 am


Related Questions & Answers

More Constitutional Law questions and answers in India