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In Bangladesh, under the negotiable instruments act, 1881 section 21C A promissory note, bill of exchange or cheque is not invalid by reason only that it is anti-dated or post-dated.

In Brazil, the drawer may seek damages in Justice if their cheque is cashed in before its due date, according to the jurisprudential orientation of the Superior Court of Justice, as per Summary No. Under the clearing rules of the Canadian Payments Association, a post-dated cheque cannot be cashed prior to the date written on it. However all the court rulings missed looking into relevant sections of law.

Post-Dated Checks And Criminal Liability Under the Penal Law, a check is “any check, draft or similar sight order for the payment of money which is not post-dated with respect to the time of utterance.” Therefore, a bouncing a post-dated check is not going to subject you to criminal liability under New York law.

Is this statement true and can a person actually be criminally prosecuted in NY State for bouncing a post dated check? My goal is to provide you with the information you seek.

He called the bank the other day and stated that he mailed a post dated check to someone and if we allowed that item to clear his account before the date on the check, we would be liable for the funds coming out of his account.

He stated that he just learned in a class of his that if he gave the bank notice of this check, we were accountable if we allowed the item to clear his account before the date on the check.

For example, if John writes a check (knowing that he does not have any money in the count and won't get paid until the next month) on January 1st and post-dates it to January 5th, but does not deliver it to Bob until January 5th, then Bob has no notice that this was a post dated check at the time it was written and therefor John may be held criminally liable.Can you shed some light on this and give us the portion of the code to quote him?We were always under the assumption that a post dated check could clear when presented. Well, you can tell him that class is in session and you are the professor.If a Canadian financial institution inadvertently accepts and processes a cheque before the due date, the cheque writer may ask his or her financial institution to return the amount until the day before the cheque should have been cashed. Section 68 of Indian Stamp Act declares that a person who draws a post dated cheque and the person who presents a post dated cheque for payment will be liable to be fined Rs. The definition of a cheque in Negotiable instrument act as well as in Negotiable Instruments Act is - that a cheque is always made payable on demand.It is not difficult to understand that a post dated cheque is not payable on demand.

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