Since you issued an undated cheque, it may be difficult for you to show that this cheque was issued for a specific liability of 2018 for which you have already paid by NEFT transfer. If you have written / recorded communications showing that the cheque was issued for a particular liability which has already been paid for, it may be of help.
As it appears, the developer is trying to show that you had issued this cheque for your unpaid maintenance charges, including those of 2020. You’ll have to refute such allegation by adducing evidence to the contrary.
This is the problem that arises with undated cheques. They can be used / misused for subsequent / future liabilities. One should bring it on record, at least to show that the cheque is being issued only for a specific purpose and for none else.
This is what is my tentative advice on the basis of limited facts known to me. If needed, you may consult some local lawyer with detailed facts. Else, as the amount if not very big, and if you actually have unpaid maintenance charges to be paid to the developer, pay the amount of the cheque to settle the issue, instead of getting into unnecessary legal complications wasting your time, money and energy.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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