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can cheque be presented if bearer of cheque expired recently


01-Nov-2023 (In Cheque Bounce Law)

Dear Sir, My father had given about 5Lacs to a person, may be 3 years ago. He also took two post dated cheques from him 1Lac each on His Name, and dated in Oct2015. My father expired in Sep2015. 1) Is it legal to present those cheques to the bank now? 2) if the cheques bounced back, can I take legal action against that person? or can he take action against me since cheques present in absense of my dad? The problem is that person saying he had given back the money to my dad which is not true, and has no evidence. But my father had given him cheq payments only. Please suggest.

Answers (1)

Answer #1
213 votes

Firstly and foremost we would like to know what is the date on the cheque. In case date on the cheque is beyond three months now, then you are barred from filing criminal complaint under 138 of NI act.

Secondly, you can file a complaint in absence of your father as POA. you have another option of filing a recovery Suit agianst the said person within 3 years of last acknowledgment  

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