Go Ad-Free on CAclubindia with Daily Mobile Updates. Subscribe Now!

Re: post dated cheque

24 February 2013

Dear Sir/Madam,

Today I have received one post dated cheque for Rs. 25000 dated 15/04/2013 under my name from my immigration consultant against my refund request as per the contract between us. And I have sign the letter that I have received this cheque against my refund request as per the contract between us.

Now my queries as as follows regarding which I want advice from your side:

1. As it is a post dated cheque can he deny payment in future?

2. Should I have to deposit that cheque in my Bank today or at the due date.

3. Please note that post dated cheque is from Urban Cooperative Bank and not a CTS-2010 standard cheques as per the RBI its limit is 31/03/2013. So please advice me that post dated cheque will be work or not after 31/03/2013

Thanks

Albert Desouja

Reply
Follow
Share

4 Replies

(Guest)

1. Account holder will have right to stop payment of chq, at anytime before its paid, 2. if its not CTS 2010 std, its not valid after 31st March 3. Bank cannot accept post dated chq, as they cant send it for clearing, and even its risk for them to keep a chq for 2 months, 4. its better to ask for a fresh chq dated earlier than 31st march, or CTS std chq..,

Upgrade to CAclubindia Pro. Subscribe Now!

Albert Desouja (B.Com) (78 Points)
Replied 24 February 2013

Please note I have asked about this CTS standard cheque at the time receiving that post dated cheque but the other party is saying our urban cooperative bank's cheque will work.

Now I will ask again for the new cts standard cheque but they will give me psotdated because his account book closing issue before 31.03.2013 the reason he has given me.

Could you please guide me if now he deny giving me payment in future can I fill case against him. I mean to say after getting the cheque now I am secure or not

(Guest)

RBI norms applies to Urban co-op banks too, you can check this link https://www.rbi.org.in/scripttts/BS_CircularIndexDisplay.aspx?Id=7753 further, it says.. "non CTs std chqs presented for clearing will continue to be valid" i dont think this applies to chq dated 15th April, and I am sorry, I am not good at laws..so cant give my opinion, but if you have proper documents and valid reason with you, you can always can go for filing case...