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What is the time limit for filling an undated cheque and the validity of a cheque without a date?


08-Jul-2024 (In Cheque Bounce Law)
What is the time limit for filling the date portion in an undated cheque, which is otherwise complete, given to me as security for a loan of 30 lakhs by cheque 14 months ago? The debtor is not repaying the money, and there is no loan agreement between us. All I have is a signed piece of paper acknowledging the loan, with no specified date of repayment and the rate of interest mentioned. Please share your advice on the validity of a cheque without a date.
Answers (5)

Answer #1
324 votes
A non-dated cheque (undated cheque) is one where the date of issue is left blank. While it's not outright illegal, it's not advisable since it can create legal and banking complications. Technically, the payee may fill in the date and present it, but the bank may refuse to honor it, as a valid cheque usually requires a date. Even if accepted, the cheque must bear a date not older than three months from the time of presentation, or else it becomes a stale cheque. Because of the risks of misuse and rejection, issuing or accepting an undated cheque is generally considered unsafe.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
722 votes
A criminal case under section 138 N I Act can be filed within three months from the date on which it was presented in the bank. Since there is no date on an undated cheque so the person holding the cheque is free to present the same on any date by putting a date on the cheque.
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Advocate Hemendra Kumar

Adv. Hemendra Kumar

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Answer #3
835 votes
You have not mentioned as to how many cheques you have. If you have many cheques, you can fill if there is default of 3 or 4 installment and you should say the cheque was given after default committed in repayment. However in law there is no such rule when you can fill up the cheque. When there's is outstanding you may fill up full amout by terminating loan agreement. Please complete your loan paper by mentioning date and rate of interest.
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Advocate Prabhakar Pandey

Adv. Prabhakar Pandey

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Answer #4
620 votes
I am sorry, your query cannot be addressed without examining the relevant document(s) / transaction(s). Kindly provide further information, i.e., history with the debtor, correspondences, etc. Prima facie it seems to be a fit case for redressal before the appropriate forum.
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Answer #5
739 votes
First of all there is no time limit for filing of an un dated cheque, Secondly the signed Acknowledgement is sufficient to show the loan. You may present the cheque or the file suit for recovery of money.
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Advocate Alok Kumar Tripathi

Adv. Alok Kumar Tripathi

LawRatoDelhi | 50+ Answers
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