However, if the tenant writes the check with the intent to have funds in the account on the date that the check is postdated for, there is no intent to commit fraud or pass a worthless check and therefore no illegal activity has technically taken place.Accepting a check that is postdated may provide the tenant with a legal defense that negates criminal intent even if the check doesn't clear.If any defect in the title of the payee is found later, the banker cannot claim protection and should make good the loss to the ture owner. For example, if today is 01/01/2012, then a cheque which bears a date (say) 15/01/2012 is a post-dated cheque, till that date (15/01/2012) comes.
Postdating is to put a date on the check for some time in the future, not the current date.
Technically a check is a contract, so if a person took a check into the bank and it was dated for tomorrow, they could not cash it.
For example, if today is 01/01/2012, then a cheque which bears a date (say) 15/01/2012 is a post-dated cheque, till that date (15/01/2012) comes.
Since payment of a post-dated cheque, as per Section of the 10 of the Negotiable Instruemnts Act, 1881, is not a payment in due-course, many banks in India will not make payment of the cheque. SUBRAMANYAM, BANGALORE A post-dated cheque is a cheque, on which a future date appears and not a current date.
Any check that's properly made out and has your signature is treated as legal tender, and the bank is free to hand over the money to the holder of the check.