How to recover payment if I have blank undated cheques from a party


I supply wholesale cloth and a party in Kolkatta has not paid my dues.

I have undated cheques in lieu of the dues and all the other bills and receipts. What should I do to get the payment as the party is refusing to pay.

What will happen if i present the cheque and it bounces?

Answers (1)


480 votes


Your query is silent on whether you have signed cheque?

Incase yes, then you should write the date on the cheque and then present the cheque in the bank.

Once the cheque is bounced  then you can send a legal notice to the party thereby demanding the cheque amount within 15 days from the receipt of the notice.

Incase they fail to make the payment, then you can file a criminal complaint  under Section 138 of Negotiable Act. It is also imperative to place on record that you will have to file criminal compliant with 45 days from the date of the notice.

Further, you can file summary suit under Order 37 Rule 1 thereby demanding the suit amount alongwith interest @18%. You can file summary suit within a period of 3 years from the date of the cheque.
 


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