CA
2644 Points
Joined September 2008
A cheque which is more than 6 months old is known as a stale cheque. A bank because of the custom prevailing for centuries have followed the custom of rejectiong stale cheques stated above( see paget on Banking). But there is no legal basis . Sec 73 of the Negotiable Instruments Act 118 lays down the rule that the cheque must be presented to the drawee for payment within a reasonable time. What is reasonable time is a question of fact . Reference may be made to Sec 105 to see what is reasonable time. It is laid down therein that what is reasonable time is to be decided based on the nature of the instrument and the usual course of dealing etc. So more than 6 months old cheques are treated as stale cheques because of the practice of banks in the "course of dealing" in cheques.
Regarding the accounting I am of the opinion that the original entry needs to be reversed. The payments can still be made and only when it is sure that there will not be any claim the same needs to be written off. Expiry of the limitation period can be one of the grounds for write off.
siva208 @ yahoo.com