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Q. Post Dated Cheque towards the return of Principal Amount

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Shyam Prasad Vavilala

posted 1 month ago

Q.Post Dated Cheque towards the return of Principal Amount
First Party gave Post dated Cheque bearing No:133025 dated 14-11-2013 for Rs.700000/- of HDFC BANK, Tarnaka branch towards the return of Principal Amount to Second Party.

First Party is Plaintiff herein, and Second Party is Defendant herein.
The above Post dated Cheque 133025 dated 14-11-2013 was not deposited by Plaintiff. But in the 2016, Plaintiff filed filed Suit for Recovery of Money by using Promissory Note and un deposited cheque in the Honourarble court.

Question: Is that undeposited Cheque is valid for filing in List of Documents?

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Shreyash Mohta

Experience: 1 Year(s)

Responded 1 month ago

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A. ) Contact me personally through Vidhikarya.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 month ago

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A. ) Dear Sir,
If there is no cause of action a suit cannot be filed but plaintiff might have issued legal notice calling upon you to pay the cheque amount and get return the cheque.

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