POST DATED CHEQUES
PDC – IS A CAKE ONE CANNOT HAVE IT AND EAT IT TOO! I am sure many of you would have lent money and taken Post Dated Cheques as security. But do you really know how safe this practice in the eyes of law. It is no doubt that as per Section 138 of Negotiable Instruments Act dishonour of cheque attracts criminal punishment including imprisonment. But this provision does not come without legal tags attached to it. Let’s see one of the recent landmark judgement by SC in case of PDC. In the instant case ** Ramesh lent Rs.1,000/- on 01.01.2022 to Suresh repayable in 90 days and took a PDC dated 31.03.2022 as security. But in the period between 01.01.2022 to 31.03.2022 Suresh repaid Rs.10/- but failed to pay the balance Rs.990/- on 31.03.2022. So Ramesh presented the cheque for Rs.1,000/- on 31.03.2022 which eventually got dishonoured. Now question of law that was decided by SC was ‘whether Ramesh can sue Sur...