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X issues a cheque in favor of Y and puts a condition that the payment is to be made only when Y fulfills a condition Y obtains the payment from the bank without compliance of this condition X dema?
Wiki User
∙ 14y ago
I am going to assume this is from a legal business point of view: First, there is not enough information here to say what X's outcome would be. In most cases if you issue a cheque (even post dated) the person whom the cheque is in favour of may cash it. A condition that has to be complied with before encashement of the cheque? Why issue the cheque before compliance of the said condition, how would the particular bank know there was a condition on encashement of the cheque? If the bank was aware and agreed not to cash the cheque until this said condition was adhered to, there may be a case - maybe! To the best of my knowledge the only way to get the bank to not pay out on a cheque that is issued by X would be to stop the said cheque. I do not think a bank would agree to any terms and conditions that X would put on the encashment of their cheques, this would be the responsibility of X in ensuring compliance with all conditions BEFORE issuing the said cheque to Y. At the same time there really is not enough information given here to give definite answer, it is a very grey area in law and would be dependent on Case Law. The only reasonable conclusion that I could give is to follow Y for repayment of the cheque not the bank but even here it would probably be asked 'why did you issue the cheque in the first place before compliance with the condition that was set down?'
Wiki User
∙ 14y ago
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