Legal Question in Credit and Debt Law in India

Re: cheque given

as you already have issued the cheque, even if you stop its payment, the offence u/s would be made out against you. better communicate with the person whom you gave the cheque and take the cheque back or deposit the requisite amount in your account.

Re: cheque given

Sir,

It is always advisable to fill the cheque completely and issue the same. If you would have mentioned the date in the Cheque the same shall have the validity only for 6 months. But, I would advice you to speak to the person to whom you have issued the cheques and try to get the same back and inform him not to present the same before he presents. Once, the cheque is bounced then you will be attracted with the Criminal action under Sec.138 of Negotiable Instruments Act (if in India).

Try to give the fresh committment and try to make the settlement of the amount due.

With Regards,

E.VENKATESH BABU

ADVOCATE, CHENNAI

Re: cheque given

Issuance of a blank cheque is quite legal. Instruments like these are called as inchoate instruments. It becomes valid once the payee fills the cheque.

In your case, the payee is at liberty to fill the date he prefers and present the cheque. The only impediment is that he should present it within 6 months from the date on which the cheque is drawn.

Re: cheque given

If you owe money to the payee, any instruction you may give to the Bank may not be useful. The payee is entitled to present the cheque as and when he may so desire.

You may better make arrangement to make the payment of cheque amount if you owe money to the payee.